Vikrant Dattu Deshmukh v. The State Of Maharashtra

1 Cr.Apln. 2238.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2238 OF 2015 Vikrant Dattu Deshmukh .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. S.T.Shelke, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for Resp. - State.

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

CORAM : V.M.DESHPANDE, J.

DATE : 5th MAY, 2015 .............................

PER COURT :

1.

This is an application for regular bail. Present applicant is arrested on 20/03/2015 in connection with Crime No. 27/2015 registered with police station Akole, Dist. Ahmednagar for the offences punishable u/s 376,506 of the Indian Penal Code. Present applicant is in jail since 25/03/2015.

2.

Heard Mr. S.T.Shelke, learned Counsel for the applicant and Mr. A.S.Shinde, learned A.P.P. for respondent - State.

2 Cr.Apln. 2238.2015 3.

In the present case, prosecutrix is major. Her age is 32 years. She is married. Present applicant is college student. His age is 21 years. According to F.I.R., it is clear that prior to the friendship through Face book, there were no relations between the prosecutrix and present applicant. F.I.R. would reveals that, according to prosecutrix, at least on 2 - 3 occasions, present applicant has done atrocious act to his own body by means of blade since the prosecutrix was not ready to keep friendship with him. However, medical report of the applicant shows that there were no injuries on the hand of the applicant as suggested by the prosecutrix. Further, medical report of the prosecutrix clearly shows that there are no signs of any forceful sexual intercourse, as alleged by her. In that view of the matter, further custodial presence of present applicant is not warranted.

4.

Hence, I pass the following order :

(i) Present Criminal Application is hereby allowed.

(ii) Applicant Vikrant Dattu Deshmukh be released on bail in connection with Crime No. 27/2015 registered with police station Akole, Dist. Ahmednagar for the offences punishable u/s 376,506 of the Indian Penal Code on he executing P.R.Bond of Rs. 25,000/- [Rupees Twenty Five Thousand] with one solvent surety of like amount. Bail before the trial Court.

3 Cr.Apln. 2238.2015 (iii) Present applicant shall attend police station Akole twice in a week preferably on every Monday and Wednesday between 2.00 p.m. and 3.00 p.m. till the charge sheet is filed.

(iv) Present Criminal Application is disposed of. [V.M.DESHPANDE, J.] KNP/Cr.Apln. 2238.2015