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Bombay High CourtAPPLN/4593/2016application allowed

Nitin S/O Vishnu Gaikwad v. The State Of Maharashtra

2016-08-20Hon'Ble Shri Justice A.M. Badar3 pages

1 Cr.Apln. 4593.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CRIMINAL APPLICATION NO. 4593 OF 2016 NITIN S/O VISHNU GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA .............................

Mr. R.B.Deshpande, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for Resp. - State.

..............................

CORAM : A.M.BADAR, J.

DATE : 20th AUGUST, 2016 .............................

PER COURT :

1.

The applicant/accused in Crime No. 302/2016 registered at Rahuri police station, Tq. Rahuri, Dist. Ahmednagar for the offences punishable U/ss 354 (A), (D),506 read with 34 of the Indian Penal Code and u/ss 11 (i) (iv) and 12 of the Protection of Children from Sexual Offences Act, 2012, by this application is praying for release on bail after filing of charge sheet.

2.

Heard learned counsel for the applicant. Learned A.P.P. opposed the application by contending that the crime in

2 Cr.Apln. 4593.2016 question is serious.

3.

Perused the charge sheet. Informant Sheshrao Bajirao Tamnar had lodged report that the present applicant and his associate, who is juvenile in conflict with law, indulged in sexual harassment to his minor daughter. 4.

Now, charge sheet is filed and on completion of investigation, there is no reason to deny liberty to the applicant. The trial will take its own time. Hence, the following order.

(i) The application is allowed.

(ii) Applicant Nitin s/o Vishnu Gaikwad in Crime No. 302/2016 registered at Rahuri police station, Tq. Rahuri, Dist. Ahmednagar for the offences punishable U/ss 354 (A), (D),506 read with 34 of the Indian Penal Code and u/ss 11 (i) (iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 be released on bail on executing P.R. Bond of ` 15,000/- [Rupees Fifteen Thousand] and on furnishing surety in the like amount.

(iii) As a condition of this Order, the applicant shall not contact in any manner either to the informant or his family members by any means.

(iv) The applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing

3 Cr.Apln. 4593.2016 the same either to the police or the Court.

(v) The applicant shall not tamper the evidence of the prosecution.

[A.M.BADAR, J.] KNP/Cr.Apln. 4593.2016