Shubham Ashok Patil v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 1197 OF 2022 Shubham Ashok Patil ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT ....
Mr. S.R. Shirsat, Advocate h/f Mr. R.B. Gite, Advocate for applicant Mr. V.S. Badakh, A.P.P. for respondent - State ....
CORAM : R.G. AVACHAT, J.
DATE : 19th AUGUST, 2022 PER COURT :
1.
This is an application for bail under Section 439 of Code of Criminal Procedure. The applicant has been arrested in connection with Crime No. 27 of 2022 registered with Chopda Rural Police Station, Dist. Jalgaon for the offences punishable under Sections 376, 354, 448, 323, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 66-E and 67 of the Information Technology Act, 2000. 2.
Heard. Perused the First Information Report ("F.I.R.") and related police papers.
3.
The learned A.P.P. opposed to grant bail to the applicant on the ground that while they were making arrangement for settlement of the matter, the applicant assaulted the parents-in-law of the victim. 1 / 3
4.
The F.I.R. has been lodged by the victim herself on 27th March, 2022. The victim is a married woman. From averments in the F.I.R. it appears that the applicant and the victim had been in a consensual relationship. It is alleged that the applicant had compelled her to keep illicit relationship with him, lest he would make viral her nude screen shots. It is informed that the cell phone of the applicant has been seized during investigation.
5.
The applicant is twenty-two years of age. It appears to be a case of consensual relationship. Cell phone of the applicant has been seized. On investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of trial.
6.
In view of above, the application deserves to be allowed. Hence I pass the following order :-
ORDER
(I) The bail application is allowed.
(II) The applicant be released on bail, in connection with Crime No. 27 of 2022 registered with Chopda Rural Police Station, Dist. Jalgaon for the offences punishable under Sections 376, 354, 448, 323, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 66-E and 67 of the Information Technology Act, 2000, on executing P.R. Bond in the 2 / 3
sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.
(III) The applicant shall not enter village Ghumaval (Bu.), Tq. Chopada, Dist. Jalgaon nor shall he try to communicate with the victim. If such complaint is received, the bail granted to the applicant may be liable to be cancelled.
(IV) The applicant shall not tamper with the prosecution evidence.
( R.G. AVACHAT, J. ) SSD 3 / 3