Samadhan Ramesh Sonawane v. The State Of Maharashtra And Another

945-BA-764-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.764 OF 2023 SAMADHAN RAMESH SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Vinod Patil h/f Mr. Harshal Prakash Randhir APP for Respondent No.1: Mr. S. P. Deshmukh Advocate for respondent No.2 : Mr. M.M. Deshmukh ....

CORAM : S. G. MEHARE, J.

DATE : 28.04.2023 PER COURT :

1.

Heard the learned counsel for the applicant, the learned A.P.P for the respondent/State and the learned counsel for the respondent No.2/victim.

2.

The applicant is seeking bail in Crime No. 85 of 2022 registered with Jalgaon Taluka Police Station, Jalgaon District Jalgon for the ofence punishable under Sections 363, 376(2) (n) of the Indian Penal Code and Section 6 of Protection of Children From Sexual Ofences Act, 2012.

3.

It is a case wherein the victim, who was 17 years

945-BA-764-23.odt and 9 months old, forced the applicant to elope her. She has stated that she had love afair with the applicant, however, her parents were forcing her to marry with another boy. The applicant tried to convince the victim that she was minor; hence, he cannot elope her, but she forced him and threatened if he will not take her with him, she would do something wrong with her and hence, the applicant agreed. They started residing together and she became pregnant. 4.

The statement of the victim is self speaking, and therefore, without discussing the other material, he deserves bail. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Samadhan Ramesh Sonawane be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the condition that he shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE ysk