Dinesh Maroti Kamble v. The State Of Maharashtra
2024:BHC-AUG:16484 942-BA-1210-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 1210 OF 2024 DINESH MAROTI KAMBLE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Avinash A. Phad APP for Respondent : Ms. P. R. Bharaswadkar ...
CORAM : S. G. MEHARE, J.
DATE : 01-08-2024 PER COURT :- 1.
Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.
2.
The applicant seeks bail in C.R.No.408 of 2024 registered with Vivekanand Chowk Police Station, Latur, for the offences punishable under Sections 354, 376(2)(n), 500, 504 and 506 of the Indian Penal Code and Sections 66(C)(E) and 67 of the Information Technology Act, 2000.
3.
The papers reveal that the victim and the applicant were in relationship as they had performed marriage. However, could not pull on their marriage. Then they settled their dispute by a written compromise on 24.06.2024. By this agreement, they agreed not to harass each other. However, on the very same day, in the evening the applicant sent their photographs to her would be husband. Hence, their marriage was broken.
4.
It appears that after 24.06.2024 applicant had no sexual
942-BA-1210-24.odt relationship with the victim except the allegations of making the photographs viral to her would be husband. Her would be husband did not support the prosecution. However, the prosecution has produced copies from the mobile handset of the brother of the victim. The applicant says that those photographs were prior to 24.06.2024. Be that as it may, the relationship before 24.06.2024 appears consensual. They have no physical relationship after 24.06.2024. This peculiar circumstance needs to be considered. The electronic evidence has already been recovered. Considering entire circumstances of the case, the Court is of the view that no purpose would be served in keeping the applicant behind bars. Hence, the order :-
ORDER
i) The application is allowed.
ii) Applicant - Dinesh Maroti Kamble be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall not contact the victim or her relatives in any mode or manner till conclusion of the trial.
(c) He shall not forward any photographs of the victim with him to anybody henceforth.
(d) He shall attend the trial on each and every effective date.
( S. G. MEHARE, J. ) rrd