Aba @ Settesing Manga Thakre v. The State Of Maharashtra

criap4077.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4077 OF 2015 Aba @ Settesing Manga Thakre ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr A.S. Savale, Advocate for pplicant;

Mr N.T. Bhagat, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 23st October, 2015 ORAL ORDER :

By the present application under section 439 of the Code of Criminal Procedure, the applicant seeks his release on bail, in connection with C.R. No.14 of 2015, registered with Sarangkheda police station, Taluka Shahada, District Nandurbar, (now Sessions Case No.35 of 2015), for offences punishable under sections 376 (1) (2) (I), 366 of the Indian Penal Code and sections 3, 4, 5 (L) (J) (2) read with sec. 6 of the Protection of Children from Sexual Offences Act.

2.

The investigation in the matter is already completed and chargesheet is filed. The age of the applicant is 19 years. 3.

It is the case of the prosecution against the applicant that he allured the victim Nirmala of marriage and has established physical relationship with her, resulting in she carrying pregnancy. It is not in dispute that on the date of the incident, the age of the victim was fifteen years. 4.

Upon perusal of the contents of the first information report and the statement of the victim it reflects that the victim has volunteered to

criap4077.15 (2) establish physical relationship with the applicant and this fact was known to her family members, so also the family members of the applicant. 5.

In view of above and particularly in the background of completion of investigation and having regard to the age of the applicant, in my opinion, further detention of the applicant, in the crime in question, is not necessary. Thus, the applicant deserves to be enlarged on bail. I, therefore, pass following order :- The applicant be released on bail, in connection with C.R. No.14 of 2015, registered with Sarangkheda police station, Taluka Shahada, District Nandurbar, (now registered as Sessions Case No.35 of 2015), for offences punishable under sections 376 (1) (2) (I), 366 of the Indian Penal Code and sections 3, 4, 5 (L) (J) (2) read with sec. 6 of the Protection of Children from Sexual Offences Act, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj