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Bombay High CourtBA/949/2023application allowed

Vaishnavi Sopan Bagal v. The State Of Maharashtra And Another

2023-07-19Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 BAIL APPLICATION NO.949 OF 2023 VAISHNAVI SOPAN BAGAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Wakale Vijay Shivaji. APP for Respondent-State : Ms. V. N. Patil-Jadhav. Advocate for Respondent No.2 : Ms. Sumedha Thombre (Appointed Through Legal Aid).

...

CORAM : S. G. MEHARE, J.

DATE : 19.07.2023 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondent-State and the learned counsel appointed for respondent No.2/victim.

2.

The applicant is seeking bail in Crime No.227 of 2023, registered with Pathardi Police Station, District Ahmednagar, for the offences punishable under Section 363 of the IPC and Sections 4, 6, 8, 10 and 12 of the POCSO Act.

3. The applicant and the victim were working together in a shop. The applicant is elder to the victim. The victim was 16 years old boy. They had relationship. Considering the facts and circumstances of the case, the potency of the victim cannot

be ruled out at this juncture. Nothing is to be recovered from the applicant. Material investigation has been completed. There are no antecedents to her discredit. Therefore, she deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant VAISHNAVI SOPAN BAGAL 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.227 of 2023, registered with Pathardi Police Station, District Ahmednagar, for the offences punishable under Section 363 of the IPC and Sections 4, 6, 8, 10 and 12 of the POCSO Act, on the following conditions :

(a) The applicant shall not tamper with the prosecution witnesses.

(b) She shall not contact the victim or his relatives on phone or in any mode or manner.

(c) She shall attend the Police Station as and when called on written notice by the

Investigating Officer till filing of charge sheet.

(iii) The Secretary, High Court Legal Services, SubCommittee, Aurangabad do pay the legal charges to learned counsel appointed for respondent No.2 as per the schedule.

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

vmk/-