Arjun Jalindar Chaudhari v. The State Of Maharashtra And Another

933-ba-620-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.620 OF 2023 ARJUN JALINDAR CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Kawade Shrikant G. APP for Respondent/State : Mr. S.B. Narwade ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 21, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State. Respondent no.2 though served, none appeared for her. 2.

The applicant is seeking bail in Crime No.240 of 2022 registered with Washi Police Station, District Osmanabad for the offence punishable under Section 376(2)(n)(f) and 506 of Indian Penal Code.

3.

The applicant and the victim are close relative. The FIR reveals that the son of the victim saw her and the accused in compromising position. It has been alleged that he was doing forcible sex with her since one and a half year. But he did not lodge the report. It reveals from the facts of the case that it was a consensual sex. In the facts and circumstances of the case, the applicant deserve bail. Hence, the following order :

933-ba-620-2023.odt (2)

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Arjun Jalindar Chaudhari, 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 the above crime, on the conditions that he shall not tamper with the prosecution witnesses.

(iii) The applicant shall not contact the child witness and pressure the victim till conclusion of the trial.

(iv) The applicant shall stay away from village Para, Taluka Washi, District Osmanabad for five months from the date of his release. (S.G. MEHARE, J.) Mujaheed//