Rameshwar Gorakh Suryawanshi v. The State Of Maharashtra And Others

2024:BHC-AUG:19772

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

975 ANTICIPATORY BAIL APPLICATION NO. 1157 OF 2024 RAMESHWAR GORAKH SURYAWANSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Wakale Vijay Shivaji APP for Respondent/State : Mr.P.K. Lakhotiya Advocate for Respondent no.3 : Mr. Sharma Kartik Rajesh ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

28th August, 2024.

P.C.:

1.

The applicant apprehends arrest in connection with FIR No.173 of 2024 registered with Jawaharnagar Police Station, Dist.Aurangabad, for the offence punishable under section 354-D of the Indian Penal Code (For short, "IPC") and section 12 of the Protection of Children from Sexual Offences Act.

2.

It is prosecution's case that the applicant would accost informant's daughter on road when she was going to class and would ask her to make friendship with him. It is alleged that on 19th June, 2024 at around 7:15 p.m., the applicant accosted the daughter of informant on road and asked her to make friendship with him. 3.

It is the contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is ready to file undertaking before the Investigating Officer that he will not harass or contact the daughter of the informant and her family

henceforth. Considering the allegations against the applicant, the custodial interrogation of the applicant is not required and requested to allow the application.

4.

It is the contention of the learned APP along with learned counsel for respondent no.3 that the applicant harassed the daughter of the informant, who is minor. One more offence is registered against the applicant. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.

6.

The allegations against the applicant are that he harassed the daughter of the informant. Considering the allegations against the applicant, his custodial interrogation is not required and I pass the following order :-

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with FIR No.173 of 2024 registered with Jawaharnagar Police Station, Dist.Aurangabad, for the offence punishable under section 354-D of the Indian Penal Code and section 12 of the Protection of Children from Sexual Offences Act, the applicant be released on executing personal bond in the sum of Rs.20,000/- with one surety of the like

amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.

(b) the applicant shall file an undertaking before the Investigating Officer that he will not harass or contact the daughter of the informant and her family henceforth [ SHIVKUMAR DIGE, J. ] sga