← Library
Bombay High CourtBA/1683/2022application allowed

Balaji Chandar Chavan v. The State Of Maharashtra And Another

2023-01-18Hon'Ble Shri Justice S. G. Mehare2 pages

916 B.A. No. 1683-202-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1683 OF 2022 BALAJI CHANDAR CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Shrikant Kawale h/f Mr. G.G. Gabhud APP for Respondents: Mr. K. S. Patil Advocate for Respondent No.2 : Mr. S. B. Choudhari ....

CORAM : S.G. MEHARE, J.

DATE : JANUARY 18,2023 PER COURT :

1.

Heard the learned counsel for the applicant, learned A.P.P for the respondent No.1-State and learned counsel for the respondent No.2/victim.

2.

Perused the charge sheet. It appears that the applicant and the victim were acquainted with each other. However, the husband of the complainant got suspicious. Hence, he made enquiry with the victim and she narrated the alleged incident. The applicant has a case that he was knowing the victim since prior to her marriage. However, to save her martial life, as her husband was suspicious, a false story has been cooked. The applicant is languishing in jail for more than

916 B.A. No. 1683-202-.odt 11 months. There appears substance in the case of the applicant. The investigation has been completed. The trial may take its own time. Hence, it would be inappropriate to keep the applicant behind bar. Thus, the following order :-

ORDER

i) The application is allowed.

(ii) Applicant Balaji S/o Chandar Chavan, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount, in Crime No. 24/2022, registered with Police Station Washi, District Osmanabad for the ofences punishable under Sections 376, 384,452,323,506 of the Indian Penal Code and under Section 67 and 67-A of Information Technology Act on the conditions that :- (a) He shall not enter Washi town, District Osmanabad for three months from the date of his release.

(b) He shall not contact the victim or her relatives or any other witnesses on phone or any other mode till the conclusion of the trial.

(C) He shall attend the trial on each efective date to get the trial disposed of at the earliest.

( S. G. MEHARE ) JUDGE