Vijay Bhagwat Lohar v. The State Of Maharashtra

2024:BHC-AUG:26088 907-ba-1813-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1813 OF 2024 Vijay Bhagwat Lohar

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. D. R. Kale APP for Respondent/State : Mr. A.A.A. Khan ...

CORAM : S.G. MEHARE, J.

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

Learned counsel Mr. Y.H. Lagal appears for the victim. 2.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the victim. 3.

The applicant seeks bail in Crime No.118 of 2024 registered with Shanipeth Police Station, District Jalgaon for the offences punishable under Sections 363, 342, 365, 376(2)(n), 376(3) of the Indian Penal Code and Section 4, 5(L)(O), 6 of the Protection of Children From Sexual Offences Act. 4.

The applicant is a mason and the victim was a labour. At the time of the incident, the victim was around 16. On the basis of the allegations levelled against him by the victim, the above crime has been registered. The applicant had confined the victim in one room. She alleged against the applicant constituting the above

907-ba-1813-2024.odt (2) offence. The applicant has a case that he never committed sexual assault against her. He did not kidnapped her. However, due to misunderstanding and on the instigation of her parents, she has lodged the report. Now, she appeared before the Court in person. She states in the open Court that she has no complaint against anybody. Out of anger, misunderstanding and financial transactions between the applicant and her family members, the report was lodged mistakenly. Be that as it may, the investigation has been completed and charge sheet has been filed. The trial may take its time. Hence, the applicant deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Vijay Bhagwat Lohar, 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 tamper with the prosecution witnesses and should attend the trial on each and every date. (b) The applicant should not contact the victim or her family members.

(S.G. MEHARE, J.) Mujaheed//