Rekha W/O Dhammapal Sardar v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 954 BAIL APPLICATION NO. 1611 OF 2024 Rekha W/o Dhammapal Sardar ....Applicant

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. D. K. Borkar, Advocate for Applicant.

Mr. S. B. Pulkundwar, APP for the State.

Mr. S. C. Nade, Advocate for Respondent No. 2. CORAM : S. G. MEHARE, J.

DATE : 24th SEPTEMBER, 2024.

PER COURT :

1.

Heard learned counsel for the Applicant, learned APP for the State and learned counsel for the victim. 2.

Applicant seeks bail in Crime No. 0388/2024 registered with CIDCO Police Station, District Aurangabad for the offences punishable under Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act.

3.

Applicant is the mother of the victim boy. The report is delayed by 42 days. His statement does not match with what his father stated in the First Information Report. Except the let go

- 2 - ba1611.24.odt allegation against the Applicant, nothing is discovered. However, the other allegations reveal that the Applicant was a Chef in the hotel. Though learned APP and learned counsel for the victim/husband raised a serious objection, the Court is of the view that nothing is to be recovered from the Applicant. Her role is different. Hence, she deserves bail. Hence, the following order :-

ORDER

(i) Application is allowed.

(ii) Applicant Rekha w/o Dhammapal Sardar be released on furnishing S.B. and P.B. of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount in connection with Crime No. 0388/2024 for the above offences, with a condition that she should not tamper with the prosecution witnesses.

( S. G. MEHARE) Judge dyb