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Bombay High CourtBA/1673/2024application allowed

Amar Dnyaneshwar Wankhede v. The State Of Maharashtra And Another

2024-10-16Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:25273 946-ba-16732024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1673 OF 2024 Amar Dnyaneshwar Wankhede

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Dodya Shrigopal G APP for Respondent/State : Mr. S.P. Sonpawale Advocate for Respondent No.2 : Mr. Deshmukh Mandar Arun ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 16, 2024 PER COURT:- 1.

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

The applicant seeks bail in Crime No.303 of 2024 registered with Aundha Naganath Police Station, District Hingoli for the offences punishable under Sections 4, 6, 8 and 12 of the Protection of Children From Sexual Offences Act and Sections 9, 10 and 11 of Prohibition of Child Marriage Act.

3.

The victim is the wife of the applicant. They performed marriage on 15.04.2023. Out of the matrimonial relationship, she was pregnant. Therefore, she was admitted to the hospital. There it was learnt that she was below 18. Her statement was recorded. Therefore, the crime is registered.

946-ba-16732024.odt (2) 4.

The sole question has been raised whether in the given circumstances, the offence as alleged is made out. The victim has no grievance against the applicant. Nothing is to be recovered from the applicant. Hence, he deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Amar Dnyaneshwar Wankhede, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the condition that he should not tamper with the prosecution witnesses.

(S.G. MEHARE, J.) Mujaheed//