Akshay Bandu Kurhade v. The State Of Maharashtra And Another

2024:BHC-AUG:12280 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 918 OF 2024 Akshay Bandu Kurhade

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Dnyaneshwar Raosaheb Kale APP for Respondent/State : Mr. S.M. Ghanchari ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 28, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.954 of 2023 registered with Kotwali Police Station, District Ahmednagar for the offence punishable under Sections 354-A, 354-D and 506 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences Act.

3.

The applicant has a positive case that he and victim were well acquainted. However, someone looked them together. Therefore, she was pressurized to make the allegations against him. No offence as alleged was committed. The witnesses have been pressurized to state against him. The alleged incident happened in the place where there was rush. Hence, it was not possible to outrage the modesty of

(2) the victim. No weapon is used in the crime. Since their friendship came to the light, serious allegations of threatening her to kill have been made.

4.

Learned APP tried to convince the Court that the applicant was following the victim and asking her for obscene act. However, the fact reveals that there is something different and that is not coming before the Court. The acquaintance of the applicant and the victim cannot be brushed aside at this juncture. That apart, no weapon has been used in the crime. The investigation has been completed and charge sheet has been filed.

5.

For the above reasons, the Court is of the view that the applicant deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Akshay Bandu Kurhade, 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 the above crime, on the conditions that; (a) The applicant shall not tamper with the prosecution witnesses.

(b) The applicant shall attend the trial on each and every date.

(3) (c) The applicant shall not contact the victim or any other witnesses by any mode or manner till conclusion of the trial.

(S.G. MEHARE, J.) Mujaheed//