Ravi S/O Aatam Pawar v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 923 BAIL APPLICATION NO.1031 OF 2023 RAVI S/O AATAM PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Rathi Swapnil S. APP for Respondent-State : Mr. Y. G. Gujrathi. Advocate for Respondent No.2 : Mr. P. B. Jadhav (Appointed through Legal Aid).
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CORAM : S. G. MEHARE, J.
DATE : 26.07.2023 PER COURT :- 1.
Heard the learned counsel for the applicant, learned APP for the respondent-State and learned counsel appointed for respondent No.2.
2.
The applicant is seeking bail in Crime No.73 of 2023, registered with Charthana Police Station, District Parbhani, for the offence punishable under Sections 376(2)(i), 376(2)(n) of the IPC and Section 92(d) of Rights of Persons with Disabilities Act.
3. Perusal of the papers, it reveal that the victim and the applicant were acquainted with each other. It seems a case of consensual sex. The victim appears to have aggrieved since the
applicant did not respond her, and she felt he avoided to marry her. The medical examination of the applicant as well as the victim have been done. No weapons have been used in the crime. Nothing is to be recovered from the applicant. In view of the facts of the case, further detention of the applicant would serve no purpose. Hence, the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant RAVI S/O AATAM PAWAR 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.73 of 2023, registered with Charthana Police Station, District Parbhani, for the offence punishable under Sections 376(2)(i), 376(2)(n) of the IPC and Section 92(d) of Rights of Persons with Disabilities Act, on the following conditions : (a) The applicant shall not tamper with the prosecution witnesses.
(b) He shall attend the Police Station as and when called by the Investigating Officer on written notice till filing the charge sheet.
(c) He shall not contact the victim in any mode or manner till conclusion of the trial.
(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.) ...
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