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Bombay High CourtBA/1723/2024application allowed

Kiran Nanasaheb Bagul v. The State Of Maharashtra And Others

2024-10-22Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:26086 947-ba-1723-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1723 OF 2024 Kiran Nanasaheb Bagul

VERSUS

The State Of Maharashtra And Others ...

Advocate for Applicant : Mr. Bobade Sopan Gynba APP for Respondent/State : Mr. G.O. Wattamvar ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 22, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Advocate Mr. Damale, who has instructions to appear for the victim did not appear when the matter was called. 3.

The applicant seeks bail in Crime No.206 of 2024 registered with Vaijapur Police Station, District Aurangabad for the offences punishable under Sections 363, 366-A, 376, 376(2)(n), 109 of the Indian Penal Code and Sections 4, 8, 12 and 17 of the Protection of Children From Sexual Offences Act. 4.

The statement of the victim reveals that she had love affair with the applicant for last two years. She was calling him on phone at odd hours. On the day of the incident, the applicant expressed his desire to marry her. She agreed to elope with him.

947-ba-1723-2024.odt (2) Therefore, she eloped. The parents had lodged the missing report. Her statement is actually supporting the applicant. She was around 16 years old at the time of the incident. Her statement reveals that she was able to know the consequences of the acts she was doing. The material investigation against the applicant has been completed. Hence, it would be unjustifiable to keep the applicant behind bar. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Kiran Nanasaheb Bagul, 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 conditions that ; (a) The applicant should not not tamper with the prosecution witnesses and should attend the trial on each and every date. (S.G. MEHARE, J.) Mujaheed//