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Bombay High CourtAPPLN/5304/2015disposed off

Vilas Gopinath Jedgule v. The State Of Maharashtra

2016-01-05Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5304 OF 2015 Vilas Gopinath Jedgule, Age: 29 years, Occu: Agri., R/o. Pemgiri, Tq. Sangamner, Dist. Ahmednagar ...Applicant versus The State of Maharashtra

...Respondent

.....

Mr. R. K. Temkar, Advocate for applicant Mr. M. B. Bharaswadkar, A.P.P. for respondent/State .....

CORAM : N.W. SAMBRE, J.

DATE : 5th JANUARY, 2016 ORAL ORDER :

The applicant is seeking regular bail in Crime No. I131/2015 registered on 13/06/2015 at Sangamner City Police Station, Tq. Sangamner, Dist. Ahmednagar for the offence punishable under Sections 376(D), 363, 366, 506 read with Section 34 of Indian Penal Code, pursuant to the incident dated 12/06/2015. 2.

Mr. Temkar, learned Counsel for the applicant would urge that, the perusal of F.I.R. narrates improbable and imaginary story. He would then urge that, the investigation in the matter is complete and chargesheet is already filed. As such, further detention of the

-2applicant is no more required. According to him, medical evidence and forensic report do not support the case of prosecution. 3.

Learned A.P.P. would urge that the application be rejected as applicant is charged with serious offence. According to him, there is prima facie involvement of the applicant and it could be inferred from the evidence on record, as such, prayed for rejection of the bail application.

4.

Upon perusal of the contents of chargesheet, which is placed on record, prima facie, it appears that, the story narrated in F.I.R. appears to be improbable. The medical evidence and forensic science report do not support the case of the prosecution. 5.

The investigation in the matter is complete and chargesheet is already filed.

6.

In view thereof, in my opinion, it will be appropriate to order the release of the applicant on bail. Hence I pass following order:

Applicant be released on bail, in connection with Crime No. I-131/2015 registered at Sangamner City Police Station, Tq. Sangamner, Dist. Ahmednagar for the offence punishable under

-3Sections 376(D), 363, 366, 506 read with Section 34 of Indian Penal Code, upon furnishing P.R. Bond of Rs. 25,000/- with one surety in the like amount.

7.

Criminal Application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/05.01.2016