Vikram Janardhan Chavan v. The State Of Maharashtra And Others

2024:BHC-AUG:26519

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 BAIL APPLICATION NO. 1708 OF 2024 VIKRAM JANARDHAN CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Salunke Sudarshan J. APP for Respondents-State : Mr. S. B. Pulkundwar. Advocate for Respondent No.3 to assist APP : Mr. Vrishab Patil h/f Mr. S. S. Jadhav.

...

CORAM : S. G. MEHARE, J.

DATE :

25.10.2024 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondents-State and learned counsel for the informant/respondent No.3.

2.

The applicant seeks bail in Crime No.196 of 2024, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 376 of the IPC, Sections 4 and 12 of the Protection of Children against Sexual Offences Act of 2012, Sections 3(1)(r), 3(1)(s), 3, 3(1)(w)(i) (ii), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

3.

The victim has levelled serious allegations against the applicant. He did forceful sex with her on 01.03.2024, around

2.00 p.m. It has been alleged against him that he took the victim on motorcycle in the field of sugarcane. He removed her clothes and did forceful sex. The applicant has a case that he is Mukadam. The parents of the victim had an agreement with him for harvesting sugarcane. Hence, they had taken money from him well in advance. However, they failed to perform their part of contract. Hence, in apprehension of demand of money by the applicant, a false story has been developed against the applicant with the help of mother of the victim. He has produced one photograph from one petrol pump and claimed that at the relevant time, the applicant was with the father of the victim on that petrol pump. Since the Investigating Officer did not investigate this fact, time was granted to the Investigating Officer to ascertain the facts.

He has instructed the learned APP that the photographs produced showing his presence at petrol pump in Sangli district are genuine. Prima facie, the applicant has a stand that he was not there in village Golegaon, Taluka Shevgaon, District Ahmednagar, which is far away from Sangli district. In the circumstances, the applicant deserves bail.

O R D E R

(i) Bail Application is allowed.

(ii) Applicant VIKRAM JANARDHAN CHAVAN be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) He should attend the trial on each and every date.

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

vmk/-