Keshav Mahadeo Barbole v. The State Of Maharashtra

1 Cr.Apln. 3976.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3976 OF 2015 Keshav Mahadeo Barbole .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. S.J.Salunke, Advocate for Applicant.

Mrs. S.G.Chincholkar, A.P.P. for Resp. - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 11th AUGUST, 2015 .............................

PER COURT :

1.

By the present application, applicant is seeking his release on bail since he is arrested in connection with Crime No. 15/2015 registered with Sonpeth police station, District Parbhani for the offences punishable u/s 376,452,506 of the Indian Penal Code.

2.

Heard Mr. S.J.Salunke, learned counsel for the applicant and Mrs. S.G.Chincholkar, learned A.P.P. for respondent - State.

3.

Prosecutrix is married woman. She lodged F.I.R. on 15/02/2015. She was referred to the hospital on the very same day. She was examined by the Doctor. The clinical

2 Cr.Apln. 3976.2015 opinion is available in the charge sheet which shows that it is not consistent with the sexual intercourse. In view of the fact that charge sheet is already filed, further custodial presence of the present applicant is not required. That leads me to pass the following order.

ORDER

(i) Present Criminal Application is hereby allowed.

(ii) Applicant Keshav Mahadeo Barbole be released on bail in connection with Crime No. 15/2015 registered with Sonpeth police station, District Parbhani for the offences punishable u/s 376,452,506 of the Indian Penal Code on he executing P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount.

Bail before the trial Court.

(iii) Present applicant shall not tamper with the prosecution case nor shall extend any threat to the prosecutrix or her relatives.

(iv) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 3976.2015