Suraj @ Sainath Prakash Pujarwad v. State Of Maharashtra

1 ba-1257-2020.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1257 OF 2020 Suraj @ Sainath Prakash Pujarwad ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. Sachin S. Deshmukh, Advocate for the applicant Mr. K. N. Lokhande, APP for respondent - State ....

CORAM :R. G. AVACHAT, J.

(Vacation Court) DATED : 11th NOVEMBER, 2020 PER COURT :

.

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.I-122/2020, registered at Biloli Police Station, District Nanded, for the offences punishable under Sections 376 (2) (n), 341, 506 of the Indian Penal Code. 2.

Heard. Perused the First Information Report (FIR) and related papers.

2 ba-1257-2020.doc 3.

It is alleged in the FIR that the applicant used to be after the informant. On 05.04.2020 by 8.00 in the morning, the informant had been to the field to ease herself. The applicant intercepted informant'

s way and insisted her to keep physical relationship with him. He also threatened her with dire consequences if she refused to oblige him. The applicant took the informant to the field and committed sexual intercourse with the informant. It is also alleged that the applicant repeated such activities for about 6 - 7 times during next few days.

On 01.06.2020, the informant got married. The house of her in-laws is at village Lohgaon. The applicant went to the informant'

s matrimonial home and told them to have married the informant. In-laws of the informant, therefore, dropped her at her parent'

s house.

4.

Learned APP would submit that the offence is serious one. The applicant has spoiled matrimonial life of the informant. He does not deserve grant of bail.

5.

Perused the material relied on by the applicant. It appears that the applicant and the informant were emotionally involved. The informant is major. The applicant is 23 years of age.

3 ba-1257-2020.doc The investigation of the crime has been over. Charge-sheet is filed. It will take time for commencement of trial and conclusion thereof. In the factual backdrop, pretrial detention of the applicant is not required. Hence, following order:

O R D E R

(i) The application is allowed.

(ii)The applicant be released on bail in connection with Crime No.I-122/2020, registered at Biloli Police Station, District Nanded, for the offences punishable under Sections 376 (2) (n), 341, 506 of the Indian Penal Code, on executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with surety in the like amount.

(iii)The applicant shall not enter the village Ajani, for a period of six months. He shall not trouble the informant or even try to approach her, else, bail granted to him may be cancelled.

[ R. G. AVACHAT, J. ] SMS