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Bombay High CourtAPPLN/5038/2015disposed off

Anil S/O Babasaheb Shinde v. The State Of Maharashtra

2015-10-12Hon'Ble Shri Justice Nitin W. Sambre2 pages

5038.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5038 OF 2015 Anil s/o Babasaheb Shinde, Age: 30 years, Occ: Labour, R/o. Khamba, Tal. Sangamner, Dist. Ahmednagar.

...Applicant versus The State of Maharashtra, through the Police Inspector, Ashwi Police Station, Tq. Sangamner, Dist. Ahmednagar.

...Respondent

...

Mr. K.M. Shermale, Advocate for the applicant Mr. S.M. Ganachari, Addl. Public Prosecutor for respondent ...

CORAM : N.W. SAMBRE, J.

DATE : 12th OCTOBER, 2015 ORAL ORDER :

The investigation in the present matter is already over, in which the applicant is seeking regular bail.

2.

The applicant is charge sheeted for an offence punishable under Sections 376(d) of the Indian Penal Code and under Sections 3,4,5 and 6 of the Protection of the Children from Sexual Offences Act, 2012.

3.

As the investigation is already completed, this Court has

5038.15crapln -2already ordered release of other similarly placed accused on bail by an order dated 08/09/2015.

4.

Upon inquiry, the order dated 08/09/2015 is not questioned by the investigating agency before the Apex Court. 5.

In view thereof and particularly in view of the nature of accusation against the present applicant and role played by mother and grand mother of the prosecutrix, it will be appropriate, in my opinion, to order the release of the applicant on bail. Hence, I propose to pass the following order :- The applicant be released on bail, upon executing the P.R. bond of Rs.10,000/- (Rs. Ten thousand) with one surety in the like amount, in connection with Crime No. I-25/2015 registered with Ashwi Police Station, Taluka Sangamner, District, Ahmednagar for an offence punishable under Sections 376(d) of the Indian Penal Code and under Sections 3,4,5 and 6 of the Protection of Children from Sexual Offences Act, 2012.

6.

The application stands allowed.

[ N.W. SAMBRE, J. ] Tupe/12.10.15