Vishal Navnath Khemnar v. The State Of Maharashtra

1 23-ABA-1389-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1389 OF 2023 VISHAL NAVNATH KHEMNAR

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Sagar S. Ghumare, Advocate for Applicant Mr. S.B. Jadhav, APP for Respondent Nos.1 & 3/State Ms. Rutuja Pukle, Advocate for Respondent No.2 (Appointed) ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 21th FEBRUARY, 2024 PER COURT :

1.

Applicant apprehends arrest in C.R. No.370/2023, registered with Ghargaon Police Station, Ahmednagar, for offence punishable under Sections 363, 376(3), 323, 504, 506 and 109 of the Indian Penal Code and Sections 4, 6, 17 and 21 of the Protection of Children from Sexual Offences Act, 2012.

2.

Minor victim aged 14 years has lodged FIR alleging that accused Ganesh Sukhdev Bhadange established physical contact with her against her wish. On the next day of lodging FIR, her supplementary statement is recorded, wherein she has implicated applicant stating that applicant accompanied accused Ganesh and was keeping eye outside the cafe where main accused Ganesh raped her.

3.

Heard learned APP for respondent Nos.1 and 3 - State, SVH

2 23-ABA-1389-23.odt learned advocate for applicant and learned advocate for respondent No.2. Perused the investigation papers.

4.

Charge-sheet in the present crime is filed on 22/01/2024 and the case is numbered as Special Case No.56/2024. Main accused Ganesh is arrested, so also, co-accused Swayam Hemant Pandhare, Pravin Kashinath Kothval, and Milind Bharat Tajane. They all are released on regular bail. Other accused are released on anticipatory bail. Taking into consideration the role attributed to applicant, his pre-trial custodial detention is not necessary. 5.

In the result, application is allowed by confirming interim protection granted to applicant by order dated 25/08/2023. 6.

Fees of learned advocate appointed to represent respondent No.2 be paid by the High Court Legal Services, SubCommittee, Aurangabad, as per the schedule, within a period of four weeks.

(NITIN B. SURYAWANSHI, J.) SVH