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Bombay High CourtAPPLN/2173/2016application allowed

Ram @ Avinash Dhavaji Rathod v. The State Of Maharashtra

2016-06-16Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1) Cri. Appln. No. 2173 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 2173 of 2016 District : Nanded Ram @ Avinash Dhavaji Rathod, Age : 24 years, Occupation : Autodriver, R/o. Daresarsam, Taluka : Himayatnagar, District : Nanded.

.. Applicant.

versus The State of Maharashtra, Through P.S. Himayatnagar, Taluka : Himayatnagar, District : Nanded.

.. Respondent.

............

Mr. Ganesh P. Shinde, Advocate, for the applicant. Mr. C.V. Dharurkar, Addl. Public Prosecutor, for the respondent.

............

CORAM : N.W. SAMBRE, J.

DATE : 16TH JUNE 2016 PER COURT :

Heard.

2.

The applicant was arrested on 8th March 2016, in connection with Crime No. 39/2016, registered at Police Station, Himayatnagar, District

(2) Cri. Appln. No. 2173 of 2016 Nanded, for offences punishable under Sections 363, 366A, 376 of the Indian Penal Code; Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 4 of the Protection of Children From Sexual Offences Act, 2012.

3.

The investigation in the matter is complete and the charge sheet is filed.

4.

In my opinion, no fruitful purpose would be served by detaining the applicant till conclusion of trial.

5.

Apart from above, taking into account the nature of allegations and the investigation carried out, the applicant deserves to be enlarged on bail till conclusion of trial.

6.

The Application is allowed with the following directions :- (a) The applicant is directed to be released on bail, in connection with Crime No. 39/2016, registered at Police Station, Himayatnagar, District Nanded, for offences punishable under Sections 363, 366A, 376 of the Indian Penal Code; Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 4 of the

(3) Cri. Appln. No. 2173 of 2016 Protection of Children From Sexual Offences Act, 2012, on his furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on condition that the applicant shall attend the trial on the dates fixed by the trial Court. Bail be furnished before the trial Court.

(b) The applicant shall not contact any of the prosecution witnesses and he shall not try to tamper with the prosecution evidence in any manner whatsoever.

7.

The Application stands disposed of in the aforesaid terms.

( N.W. SAMBRE ) JUDGE ..........

puranik / CRIAPPLN2173.16