Satish Ramesh Pujekar v. The State Of Maharashtra And Another

933-ba-380-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.380 OF 2023 SATISH RAMESH PUJEKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Kawade Shrikant G. APP for Respondent/State : Mr. S.P. Deshmukh Advocate for Respondent No.2 : Ms. Anita Gadekar (Appointed Through Legal Aid) ...

CORAM : S.G. MEHARE, J.

DATED : MARCH 28, 2023 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel appointed for the victim. 2.

The statement of the victim shows that she had love affair with the applicant. However, her family performed her marriage. The applicant again started contacting her. She was three months pregnant. One fine morning, the applicant met her and told her, that they would marry. He threatened her that if she would not marry him, he would make screenshot and video recording viral. Therefore, she went with him. Her further statement shows that she went with the applicant at various places and stayed for about two weeks at Mumbai. The investigation officer did not find any material like screenshot and video recording during the course of investigation.

933-ba-380-2023.odt (2) The main cause on the basis of which the threats were given have not been investigated. Therefore, the allegations of threatening the victim raises doubt. At the time of the incident, she was about 17 years and able to take appropriate decision. Her conduct reveals that she never resisted the applicant anytime. It also reveals that she eloped with the applicant voluntarily.

3.

In the facts and circumstances of the case, it would be inappropriate to keep him behind bar. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Satish Ramesh Pujekar, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.261 of 2022, registered with Himayatnagar Police Station, District Nanded for the offence punishable under Section 363, 366(A), 376(2) (j)(n) of the Indian Penal Code and Section 3, 4, 17 of the Protection of Children From Sexual Offences Act, 2012, on the conditions that he shall not tamper with the prosecution witnesses. (iii) The applicant shall attend the trial on each and every effective date.

(iv) The Secretary, High Court Legal Services Sub-Committee, Aurangbad Bench do pay the fees of the appointed counsel for respondent no.2/victim as per schedule.

(S.G. MEHARE, J.) Mujaheed//