Jaypal Prakash Girase v. The State Of Maharashtra And Another
2025:BHC-AUG:15618
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 946 BAIL APPLICATION NO.505 OF 2025 JAYPAL PRAKASH GIRASE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.N.S.Ghanekar APP for Respondent-State : Mrs.P.V.Diggikar Advocate for Respondent no.2 : Mr.V.C.Patil [Ashtekar] ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 20.06.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 15.02.2025 in connection with Crime No. 473 of 2024, registered with Cantonment Police Station, District Aurangabad, for the offence punishable under Section 137 (2), 70 (1), 96 and 123 of the Bharatiya Nyaya Sanhita and Section 4 (1) and 17 of the Protection of Children from Sexual Offences Act, 2012.
3] The case against the applicant is that the applicant had intoxicated the victim girl aged 16 years and
7 months at the time of offence and that the victim was traveling with the applicant and the applicant had made sexual assault on her. It is stated by the victim in her statement that on account of dispute she was angry with her parents, therefore, she left the house with the applicant. They went by private vehicle and at the time of travelling, the applicant gave her drugs in food, thereafter, the applicant made sexual assault on her. As such, the FIR is registered.
4] The applicant is arrested on 15.02.2025. The charge sheet is filed in the matter. The victim has filed her say before the Sessions Court and has given no objection to release the applicant on bail. The mother and grand mother of the victim have filed affidavit before this Court and it is stated in the said affidavit that there was no administration of drugs and they have given no objection to grant bail in favour of the applicant. Considering the affidavit filed by the mother and grand mother of the victim, the applicant is granted bail. The application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No. 473 of 2024, registered with Cantonment Police Station, District Aurangabad, for the offence punishable under Section 137 (2), 70 (1), 96 and 123 of the Bharatiya Nyaya Sanhita and
Section 4 (1) and 17 of the Protection of Children from Sexual Offences Act, 2012, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
5] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal
of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
6] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC