Pramod Someshwar Salgar v. The State Of Maharashtra And Another

26-BA-494-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.494 OF 2023 PRAMOD SOMESHWAR SALGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. B. Solanke, Mr. A. B. Tidke APP for Respondent No.1 : Mr. S. P. Deshmukh Advocate for Respondent No.2 : Mr. D. K. Dagadkhairkar (appointed Through Legal Aid) ...

CORAM :

S. G. MEHARE, J.

DATE :

24-04-2023 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned APP for respondent No.1/State and learned counsel for respondent No.2/victim.

2.

The applicant is seeking bail in CR No.205 of 2022 registered with Police Station Sirsala, Taluka Parali (V), District Beed, for the offence punishable under Sections 363, 366, 376(2)(n), 376(2)(j), 120B of the Indian Penal Code and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006.

3.

Perused the papers.

26-BA-494-23.odt 4.

The statement of the victim revels that she has no complaint against the applicant. She voluntarily eloped with him. In her statement, she admitted that they got married. It appears that it was her conscious decision to go with the applicant. Trial may take its time. The material investigation has been completed. Therefore, the applicant deserves bail. Hence, the order:- i) The application is allowed.

ii) Applicant Pramod Someshwar Salgar be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in CR No.205 of 2022 mentioned above, on the conditions that, (a) He shall not contact the victim till conclusion of the trial. (b) He shall not tamper with the prosecution witnesses. (c) He shall not enter the place of residence of victim till the conclusion of the trial.

(d) He shall attend the trial on each and every effective date.

iii) The Secretary, High Court Legal Services Sub-Committee, Aurangabad, do pay the fee to the learned counsel appointed for respondent No.2/victim as per the schedule. ( S. G. MEHARE, J. ) rrd