Pravin Popat Gade v. The State Of Maharashtra And Another

1 919-ABA-1380-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1380 OF 2022 PRAVIN POPAT GADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Vikram R. Dhorde, Advocate for Applicant Mr. V. S. Badakh, APP for Respondents - State Mr. G. J. Kore, Advocate for Respondent No.2 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 02nd DECEMBER, 2022 PER COURT :

1.

Applicant apprehends arrest in Crime No.0188/2022, registered with Bhoom Police Station, Osmanabad, for offence punishable under Sections 354-D, 504 and 506 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

FIR in question is lodged by victim who is a minor, alleging that applicant with ill-intentions caught hold of her right hand and pulled her. When her mother tried to intervene, applicant gave abuses and fled from the spot.

3.

Heard learned advocate for applicant, learned advocate for respondent No.2 and learned Additional Public Prosecutor for respondents - State. Perused the investigation papers.

2 919-ABA-1380-22.odt 4.

Taking into consideration the role attributed to applicant and the fact that applicant is a young boy, who is recently given service on compassionate ground at Municipal Council, possibility of his false implication at this stage cannot be ruled out. Investigation is almost complete and nothing is to be recovered from applicant. Pre-trial custodial detention of applicant is not warranted in the facts of present case.

5.

Applicant was granted interim protection and was directed to attend police station and cooperate in investigation. Applicant has attended the police station and has cooperated in the investigation.

6.

In that view of the matter, application is allowed by confirming interim order passed by this Court on 12/10/2022. Till filing of charge-sheet, applicant shall attend concerned police station as and when called by Investigating Officer and shall not tamper prosecution evidence. Applicant shall not enter the place of residence of informant i.e. Zagade Galli, Bhoom, till the trial is over. (NITIN B. SURYAWANSHI, J.) SVH