Rohan @ Ganesh Lahu Raut v. The State Of Maharashtra And Others

2024:BHC-AUG:27263 ABA 483/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 ANTICIPATORY BAIL APPLICATION NO. 483 OF 2024 ROHAN @ GANESH LAHU RAUT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Undre Vikram Shivaji APP for Respondents/State : Mr.

Advocate for assisting APP for Respondent 3 : Mr. Ashok Munde ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 21, 2024 PER COURT :- 1.

Heard learned counsel for the applicant, the learned APP for the respondent-State and Mr. Ashok Munde, learned advocate assisting APP. 2.

The applicant is apprehending arrest in connection with Crime No. 23/2024 dated 6.2.2024 registered at Yermala Police Station, District Osmanabad, for the offences punishable under sections 354 of I.P.C. and sections 8 and 12 of the Protection of Children from Sexual Offences Act. 3.

Perused the F.I.R., so also statement of victim under section 164 of Cr.P.C. Apparently there is some improvisation made in statement under section 164 of Cr.P.C. Considering the nature of offence and considering that the applicant and victim are resident of the same village and that the applicant had cooperated the investigating agency, I deem it appropriate to hold that custodial interrogation of the applicant is not necessary. 4.

The learned counsel for the applicant submits that the applicant would remain out of the village for the period of one month i.e. from 25.11.2024 to 20.12.2024.

5.

In view of the above, the application is allowed and the interim

ABA 483/24 protection granted on 26.3.2024 is confirmed on the following terms : i] The applicant shall attend the concerned police station as and when required.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8.

Fees of Rs.5,000/- be paid to the learned counsel Mr. Ashok Munde, who is appointed to represent respondent No. 3/victim by the High Court Legal Services Sub-Committee, Aurangabad.

9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/