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Bombay High CourtBA/1572/2022application allowed

Mahesh Raghunath Chavan v. The State Of Maharashtra And Others

2022-09-29Hon'Ble Shri Justice R. G. Avachat2 pages

904-BA-1572-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1572 OF 2022 Mahesh Raghunath Chavan ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mrs Satyawati S. Renge, Advocate h/f Mr. K. R. Doke, Advocate for applicant Mr. V. S. Badakh, APP for respondent No.1 Mr. Y. L. Bidve, Advocate for respondent Nos. 2 and 3 ....

CORAM : R. G. AVACHAT, J.

DATED : 29th 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.078/2021, registered at Washi Police Station, District Osmanabad, for the offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.

2.

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

(( 2 )) 904-BA-1572-2022 3.

The applicant is 24 years of age. The victim was 17 years of age at the relevant time. Both of them got married. Stayed together for about two years happily. The couple is blessed with a baby. As usual, the father of the victim lodged the complaint. He too has now come around to grant the applicant, bail. The victim and her father have filed affidavits conceding to allow the application. In view of the same, the application is allowed in terms of 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.078/2021, registered at Washi Police Station, District Osmanabad, for the offences punishable under Sections 363, 376(2)(n) of the Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) 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.

[ R. G. AVACHAT, J. ] SMS