Bhausaheb Machindra Alias Machu Mirad v. The State Of Maharashtra And Another
2025:BHC-AUG:17523
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 936 BAIL APPLICATION NO. 1077 OF 2025 BHAUSAHEB MACHINDRA @ MACHU MIRAD
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Hange Rajendra G. APP for Respondent/State: Mr. S. K. Shirse Advocate for Respondent No.2 : Mr. Madhukar M. Parghane ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 08.07.2025 P.C. :
1] Heard.
2] The applicant is seeking bail as he was arrested on 30.01.2025 in connection with Crime No.0018/2025, dated 10.01.2025, registered with Ashti Police Station, District Beed, for the offences punishable under Sections 137(2), 64(1), 65(1) of the Bharatiya Nyaya Sanhita, 2023 & under Sections 4, 8, 12 of the POCSO Act, 2012. 3] It is stated that the case of Kidnapping was registered against the applicant. It is stated that the applicant is aged 22 years and victim is aged 13 years 1 month and 29 days and had eloped together and returned back after 17 days.
4] The learned counsel for the applicant submits that the informant has also filed an affidavit giving no objection for grant of bail to the applicant and the affidavit is affirmed before the Section Officer of this court. 5] Perused the statement of the victim made under Section 183 of the Bharatiya Nagrik Suraksha Sanhita, 2023. Prima facie, from the material available on record, it appears that the parties were in consensual relations, although, there was some dispute that the police brought them or that they returned back after 17 days. It appears from the record that there were love relations between them. The informant, who is the grandmother of the victim, has also filed an affidavit before this court that she filed the complaint under misconception of facts and out of anger and misunderstanding and that she does not have any objection for grant of bail.
6] Considering the love relations between the parties and that the FIR was registered out of anger and that the informant has given no objection for grant of bail, this court would grant bail to the applicant. 7] In view of the above, the application is allowed in the following terms :
a] The applicant shall be released on bail in connection with Crime No.0018/2025, dated 10.01.2025, registered with Ashti Police Station, District Beed, for the offences punishable under Sections 137(2), 64(1), 65(1) of the Bharatiya Nyaya Sanhita, 2023 & under Sections 4, 8, 12 of the POCSO Act, 2012, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
8] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled.
9] It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE marathe