Ranjit Sunil Giri v. The State Of Maharashtra And Another

2024:BHC-AUG:18655

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1362 OF 2024 Ranjit Sunil Giri

VERSUS

The State Of Maharashtra And Another Mr. A. R. Gaikwad, Advocate for the applicant Ms. P. V. Diggikar, APP for the respondent/State Mr. C. V. Thombre, Advocate for respondent No.2 (appointed) CORAM : S. G. MEHARE, J.

DATE : 19th AUGUST, 2024 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R. No.0011/2024 registered with Mirajgaon Police Station, District Ahmednagar for the offences punishable under Sections 363, 366-A, 376(3)(J)(N) of the Indian Penal Code and under Section 4 of Protection Of Children from Sexual Offences (POCSO) Act.

3.

It is an interesting case that the father had lodged missing report of the victim. When she appeared her statement was recorded. In the first statement, she narrated to the police

that she had left her house at her own. The report was lodged by mistake. In second supplementary statement she has stated that her mother was saying that she would marry her a man who would pay her Rs.10 lakhs. So out of fear, she called applicant at some village and went to stay with him in another town. She had categorically stated that she wanted to reside with him. She wish to marry him after attaining the majority. She does not want to go with her parents.

4.

The learned counsel for the victim and learned APP opposed the application, contending that at the relevant time the victim was minor. The sexual intercourse was done. The applicant is married. In the circumstances, he should not be granted bail. 5.

Perusal of the papers and the arguments advanced by the respective counsels, it appears that the victim was apprehensive of her parents. So she took the shelter of the applicant and resided with him. She was not ready to go with her parents. Considering her age it may be said that she was abled to take a decision of her life knowing well its consequences. In the circumstances the Court is of the view that the applicant deserve bail. Hence the order.

ORDER

i) The application is allowed.

ii) Applicant - Ranjit Sunil Giri 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 shall attend the trial on each and every date. iii) The Secretary, High Court Legal Services Authority, Sub Committee, Aurangabad do pay the legal fees to Advocate C. V. Thombre, as per the schedule.

[S. G. MEHARE, J.] ssp