Amrat Venkati Sonwale v. The State Of Maharashtra

9-BA.1555.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1555 OF 2022 Amrat s/o. Venkati Sonwale ..Applicant Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.M.P.Kale, Advocate for applicant Mr.N.T.Bhagat, APP for respondent no.1 Ms.Harshada S. Kamble, Advocate (appointed) for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 03, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0058 of 2022 registered with Malakoli Police Station, Dist.Nanded.

2.

Heard learned counsel appearing for the parties. 3.

The First Information Report (FIR) has been lodged by the aunt (wife of uncle) of the victim on 31.05.2022. The applicant is alleged to have inappropriately touched seven years old niece of the informant on 29.05.2022.

9-BA.1555.2022 4.

Learned APP and learned counsel for the informant would submit that it is a serious offence. The applicant is 42 years of age. He resides in the same village. If he is granted bail, he may threaten the witnesses. Both of them urged for rejection of the application.

5.

True, the victim is just seven years of age. The applicant is alleged to have inappropriately touched her person. There is two days' delay in lodging of the FIR. On investigation, charge sheet has been filed. It will take time for commencement and conclusion of trial. The applicant is in jail for over four months. In the circumstances, the Court is inclined to grant him bail. 6.

Hence, the following order:- (i) The application is allowed.

(ii) The applicant be released in connection with Crime No.0058 of 2022 registered with Malakoli Police Station, Dist.Nanded, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (iii) The applicant shall not tamper with the prosecution evidence.

9-BA.1555.2022 (iv) For a period of four months, the applicants shall not enter village Deulgaon, Tq. Loha, Dist. Nanded. (v) Fee of learned counsel appointed to represent respondent no.2 is quantified at Rs.6,000/- (Rupees Six Thousand). [R.G. AVACHAT, J.] KBP