Rahim Yar Khan S/O Majid Yar Khan v. The State Of Maharashtra

5316.15crapln -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5316 OF 2015 Rahim Yar Khan s/o Majid Yar Khan, Age: 18 years, Occ: Student, R/o. Ilyas Colony, Harsool, Aurangabad.

...Applicant versus The State of Maharashtra, through Police Station Officer City Chowk Police Station, Aurangabad.

...Respondent

...

Mr. M.D. Narwadkar, Advocate for the applicant Mr. S.M. Ganachari, Addl. Public Prosecutor for respondent ...

CORAM : N.W. SAMBRE, J.

DATE : 15th OCTOBER, 2015 ORAL ORDER :

The applicant was arrested on 08/09/2015 pursuant to the complaint dated 07/09/2015 filed by victim Rahin, a minor, resulting into registration of offence against the present applicant bearing Crime No. 0372/2015 with the City Chowk Police Station, District Aurangabad for the offence punishable under Sections 11(1), 11(4), 12 of the Protection of Children from Sexual Offences Act, 2012 and under Section 354-D of the Indian Penal Code. 2.

Having perused the allegations made against the present applicant and investigation that is carried out in the present

5316.15crapln -2case, in my opinion, the applicant is in magisterial custody, further detention will be of hardly any assistance to the prosecution. Even otherwise, the offence punishable under Section 354-D of the Indian Penal Code is punishable for imprisonment of period of three years. 3.

In view of above, it will be appropriate, in my opinion, to order the release of the applicant on bail. Hence, I propose to pass the following order :- The applicant be released on bail, upon executing the P.R. bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount, in connection with Crime No. 0372/2015 with the City Chowk Police Station, District Aurangabad for the offence punishable under Sections 11(1), 11(4), 12 of the Protection of Children from Sexual Offences Act, 2012 and under Section 354-D of the Indian Penal Code.

4.

The application stands allowed.

[ N.W. SAMBRE, J. ] Tupe/15.10.15