Shaikh S/O Miyakhan Pathan v. The State Of Maharashtra And ANR

1 Cri. Appln. 3813-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3813 OF 2016 Shakil S/o Miyakhan Pathan Age : 21 years, Occu. Auto Driver, R/o Nagral, Tq. Deoni, District : Latur .. Applicant Vs.

1] The State of Maharashtra 2] The Investigation Officer, Deoni Police Station, Dist. Latur .. Respondents .....

Mr. D.R. Jaybhar, Advocate hf/ Mr. Layak S. Shaikh, Advocate for the applicant Mr. C.V. Dharurkar, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 10/08/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking regular bail in Crime no. 94 of 2016 registered at Deoni Police Station, Tq. Deoni, Dist. Latur for the offences punishable under section 363, 366(A), 376(2)(i)(j)

2 Cri. Appln. 3813-2016 (n) of the Indian Penal Code and under section 3, 4 of the Protection of Children from Sexual Offences Act, 2012.

3.

The applicant was arrested on 25/5/2016.

4.

Prima facie, upon perusal of the investigation papers, it could be inferred that the victim girl was having love affair with the applicant and eloped with the applicant voluntarily. 5.

The custodial interrogation of the applicant is already over and the investigation qua the role of the applicant is almost over.

6.

In my opinion, looking to the age of the applicant and in absence of any criminal antecedents, the further detention of the applicant is not warranted. Hence, the following order :- 7.

The applicant be released on bail in Crime no. 94 of 2016 registered at Deoni Police Station, Tq. Deoni, Dist. Latur for the offences punishable

3 Cri. Appln. 3813-2016 under section 363, 366(A), 376(2)(i)(j)(n) of the Indian Penal Code and under section 3, 4 of the Protection of Children from Sexual Offences Act, 2012, upon his executing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

8.

The applicant shall not tamper with the prosecution evidence or influence the witnesses in any manner.

9.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-