Madhav Digambar Shinde v. The State Of Maharashtra And Another

943- BA-1004-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1004 OF 2023 MADHAV DIGAMBAR SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Santosh C. Bhosle APP for Respondent No.1: Mrs. Vaishali N Patil Jadhav Advocate for respondent No.2 : Mr. A.R. Borulkar ....

CORAM : S. G. MEHARE, J.

DATE : 04.07.2023 PER COURT :

1.

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

2.

The applicant seeking bail in Crime No. 285/2022 registered with Umri Police Station, District Nanded for the offences punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Sections 4,6 of Protection of Children From Sexual Offences Act, 2012 and under Section 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 . 3.

The facts of the case reveal that the victim and the applicant were in love relationship. When their relationship came to

943- BA-1004-23.odt the light, the parents of the victim scolded, her therefore, she fled away with the applicant. Few days thereafter both of them returned to home and police arrested them. Considering the age of the victim, it seems that she was able to take an appropriate decision. She was knowing the consequences of the act she was doing. She appears to have no serious complaint against the applicant. The investigation has been completed. Nothing is recovered from the applicant. Hence, further detention of the applicant would serve no purpose. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Madhav Digambar Shinde 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 following conditions :- (a) He shall not tamper with the prosecution witnesses. (b) He shall not contact the victim and her parents till conclusion of the trial.

(c) He shall attend the trial on each and every effective date. ( S. G. MEHARE ) JUDGE ysk