Tulshiram @ Santosh Gavram Kolhe v. The State Of Maharashtra

crap3421.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3421 OF 2015 [Tulshiram @ Santosh Gavram Kolhe Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.K.Shinde, advocate for applicant Shri V.H.Dighe, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 13 th July, 2015 PER COURT :- 1] This is an application for regular bail.

2] Heard Shri S.K.Shinde, learned counsel for applicant and Shri V.H.Dighe, learned Additional Public Prosecutor for the respondent/State.

3] The applicant is arrested on 13.6.2015, in connection with Crime No. 131 of 2015, registered with Sangamner City Police Station, District Ahmednagar, for the offences punishable under Sections 376, 376(D), 363,366 r/w 34 of the Indian Penal Code.

4] The first information report is lodged by the prosecutrix herself. The prosecutrix is aged about 32 years. She is married. The first information report discloses a specific act of forceful sexual intercourse against one Vilas. The name of the present applicant is not taken in the first information report. In the first information report, an unknown person is referred, however, even against said un-klnown person, no specific role is attributed in the nature that he has ravished or attempted to ravish the prosecutrix or has extended any help to the main accused Vilas while committing intercourse.

crap3421.15 5] According to the learned Additional Public Prosecutor, the name of the present applicant is disclosed by the coaccused and according to the statement of the maternal uncle of the applicant, he has provided motor cycle to the present applicant. Except this, there is no material against the present applicant. On the basis of such material, personal liberty of the present applicant cannot be further curtailed. That leads me to pass following order.

O R D E R

(i) Criminal Application is allowed.

(ii) Applicant-Tulshiram @ Santosh Gavram Kolhe be released on bail, in connection with Crime No. 131 of 2015, registered with Sangamner City Police Station, District Ahmednagar, for the offences punishable under Sections 376, 376(D), 363,366 r/w 34 of the Indian Penal Code, on he executing P.R.bond of Rs.10,000/- with one solvent surety in the like amount.

(iii) Bail before the trial court.

(iv) Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap3421.15