Saurav Jagannath Jadhav v. The State Of Maharashtra And Another

937-BA-1442-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1442 OF 2022 Saurav Jagannath Jadhav ... Applicant

Versus

The State of Maharashtra and another ... Respondents ....

Mr. A. K. Bhosle, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent No.1 - State Ms Sayali S. Kulkarni, Advocate (appointed) for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 23rd SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.174/2022, registered at Kannad Police Station, District Aurangabad, for the offences punishable under Sections 376, 376-D, 354, 354(A), 354(D), 452, 506 read with 34 of the Indian Penal Code and under Sections 4, 8, 12 of the Protection of Children From Sexual Offences (POCSO) Act and under Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocity Act.

(( 2 )) 937-BA-1442-2022 2.

Heard. Perused the First Information Report (FIR) and related papers.

3.

The victim is 17 years of age. She has lodged the FIR. The applicant is stated to be 19 years of age. He is not attributed with the offence of sexual assault. On going through the contents of the FIR, it is evident that the applicant is alleged to have entered the informant's house in May 2021. He offered her money and asked to keep physical relationship with him. No further overt act has been attributed to the applicant. The FIR has been lodged in August, 2022 i.e. after one year and three months of the offence allegedly committed by the present applicant.

In view of the same, the Court is inclined to grant the applicant, bail, in spite of the learned APP and the learned Advocate representing the victim have strong reservation to grant the application at this stage. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.174/2022, registered at Kannad Police Station, District Aurangabad, for the offences punishable under Sections 376, 376-D, 354, 354(A),

(( 3 )) 937-BA-1442-2022 354(D), 452, 506 read with 34 of the Indian Penal Code and under Sections 4, 8, 12 of the Protection of Children From Sexual Offences (POCSO) Act and under Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocity Act, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.

(iii)The applicant shall not tamper with the prosecution evidence.

(iv)Fess of the learned Advocate Ms Sayali S. Kulkarni (appointed), is quantified at Rs.6,000/- (Rupees Six Thousand).

[ R. G. AVACHAT, J. ] SMS