Lakhan Popat Janjire v. The State Of Maharashtra And Another

2024:BHC-AUG:18999 915-BA-1341-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1341 OF 2024 LAKHAN POPAT JANJIRE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondent No.1 : Mr. A. S. Shinde Advocate for Respondent No.2 : Mr. S. S. Gangakhedkar ...

CORAM : S. G. MEHARE, J.

DATE : 21-08-2024 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned A.P.P. for respondent No.1 and the learned counsel for respondent No.2.

2.

The applicant seeks bail in C.R.No.341 of 2024 registered with Karjat Police Station, Taluka Karjat, District Ahmednagar, for the offences punishable under Sections 363, 376(2)(i)(j), 354(a), 506 of the Indian Penal Code and Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. 3.

The learned counsel for the applicant submits that the applicant and the victim are relatives. At the initial stage, there were no allegations of sexual intercourse. However, after some days, a story was developed by making serious allegations of forceful sex. At the time of the incident, the victim was above fourteen.

915-BA-1341-24.odt 4.

The father of the victim has filed an affidavit contending that the alleged first information report was the outcome of the misunderstanding and not assessing the facts in its real sense. To have a good future he has no objection if the applicant is released on bail.

5.

Apart from the affidavit of the father of the victim, facts reveal that initially there were no allegations of forceful sex, it was just outraging the modesty. Then, the story of sexual intercourse was developed. It is a material improvement. Such improvements have effect on the veracity of the statement of witness. Nothing is recovered from the applicant. Hence, he deserves bail.

ORDER

i) The application is allowed.

ii) Applicant - Lakhan Popat Janjire 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 should not tamper with the prosecution witnesses; (b) He should attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd