Ankush Raju Valvi v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 17 BAIL APPLICATION NO.815 OF 2023 ANKUSH RAJU VALVI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Kulkarni Suniket Anil, Ms. Jakhade Rutuja L.
APP for Respondent-State : Mr. K. S. Patil.
Advocate for Respondent No.2 : Mr. Patil Bipinchandra K.- Appointed.
...
CORAM : S. G. MEHARE, J.
DATE : 10.07.2023 PER COURT :- 1.
Heard the learned counsel for the applicant, learned APP for the respondent-State and learned counsel for respondent No.2.
2.
The applicant is seeking bail in Crime No.191 of 2022, registered with Visarwadi Police Station, District Nandurbar, for the offences punishable under Sections 363, 366-A, 376(1) of the IPC and Section 4 and 6 of the POCSO Act.
3. The statement of the victim appears inconsistent. In her statement before the police, she has categorically stated that no atrocities were committed with her. She denied to undergo the medical examination. At the time of alleged incident, she
was 17 years old. She has also stated that she left home at her own. The arguments of the learned counsel for the victim that the applicant forcibly took the victim at a remote place and did forceful sex with her, appears not digestible. The custodial interrogation of the applicant has been completed. He is not needed for further investigation. Therefore, he deserves bail. Hence, the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant ANKUSH RAJU VALVI be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.191 of 2022, registered with Visarwadi Police Station, District Nandurbar, for the offences punishable under Sections 363, 366-A, 376(1) of the IPC and Section 4 and 6 of the POCSO Act, on the following conditions :
(a) The applicant shall not tamper with the prosecution witnesses.
(b) He shall not contact the victim till conclusion of the trial.
(c) He shall attend the trial on each effective date.
(iii) The Secretary, High Court Legal Services, SubCommittee, Aurangabad do pay the legal charges to advocate Mr. Patil appointed for respondent No.2, as per the schedule.
(S. G. MEHARE, J.) ...
vmk/-