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Bombay High CourtBA/1238/2023application allowed

Uddhav Sakharam Hajare v. The State Of Maharashtra And Another

2023-08-10Hon'Ble Shri Justice S. G. Mehare2 pages

929-BA-1238-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1238 OF 2023 UDDHAV SAKHARAM HAJARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Yogesh B. Bolkar APP for Respondent No.1/State : Mr. Y. G. Gujrathi Advocate for Respondent No.2 : Mr. V. P. Sawant (appointed) ...

CORAM :

S. G. MEHARE, J.

DATE :

10-08-2023 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R.No.290 of 2023 registered with Kalamnuri Police Station, Taluka Kalamnuri, District Hingoli, for the offences punishable under Sections 376(2)(n), 307, 324, 323, 504 read with Section 34 of the Indain Penal Code. 3.

The record reveals that the victim and the applicant were in love relationship. However, the allegations reveal that the incident happened when the victim denied to marry the applicant. It has been alleged that the applicant had pushed her into the well and she has suffered the injuries. One fact is clear that they were in

929-BA-1238-23.odt relationship for a long period. The reason was best known to them why they could not end their affair into the marriage. The applicant is behind bars since 14.06.2023. Nothing is to be recovered from the applicant. He is a young of twenty having no antecedents. His further detention would serve no purpose. However, to guard the apprehension of the prosecution, certain conditions may be imposed. Hence, the order:- i) The application is allowed.

ii) Applicant Uddhav Sakharam Hajare 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 shall not tamper with the prosecution witnesses. (b) He shall not contact the victim in any mode and manner till conclusion of the trial.

(c) He shall stay away from village Sodegaon, Taluka Kalamnuri, District Hingoli, for three months from the date of his release.

iii) 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