Haribhau Vishwanth Salve v. The State Of Maharashtra And Another

923-BA-1230-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1230 OF 2023 HARIBHAU VISHWANTH SALVE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Amol S. Gandhi APP for Respondent No.1 : Mr. S. B. Narwade Advocate for Respondent No.2 : Mr. Ashok Mundhe (appointed) ...

CORAM :

S. G. MEHARE, J.

DATE :

08-08-2023 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R.No. I-185 of 2023 registered with Rahuri Police Station, Rahuri, for the offence punishable under Sections 354D, 323, 504, 506 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

3.

The applicant runs forty two. A year before, similar crime was registered against him at the instance of the same victim. Violating the bail condition, he has committed same crime against the same girl. It seems that the applicant is bent upon his

923-BA-1230-23.odt behaviour. He must have created the terror in the mind of fourteen years girl who was like his daughter. The repeated acts of similar nature with a similar girl is itself a ground to refuse the bail. The applicant is addicted the liquor. To protect the victim and considering the conduct of the applicant, the Court is of the view that this is not a fit case to grant him bail. Hence, the application stands dismissed.

4.

The Secretary, High Court Legal Services Sub-Committee, Aurangabad, do pay the fee to the learned counsel appointed for respondent No.2/victim as per the schedule.

( S. G. MEHARE ) JUDGE rrd