Kuldeep Rambhau Jagatkar v. The State Of Maharashtra And Another

2024:BHC-AUG:26515 1841.2024BA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

954 BAIL APPLICATION NO. 1841 OF 2024 KULDEEP RAMBHAU JAGATKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Wankhade Manikrao L. APP for Respondent/State : Mr.S.P. Sonpawale Advocate for Respondent no.2 : Mr. Sable Ram Sarjerao ...

CORAM : S. G. MEHARE, J.

DATE :

25th October, 2024.

P.C.:

1.

Heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the victim. 2.

The applicant seeks bail in Crime No.291 of 2024 registered with Chikalthana Police Station, Dist. Aurangabad, for the offences punishable under sections 376, 376(2)(n), 114 of the Indian Penal Code and sections 4, 8, 12, 16, 17 of the Protection of Children from Sexual Offences Act and section 66(E) of the Information Technology Act.

3.

The allegations reveal that the mother of the victim was forcing to go for male body massage. During the massage, she was forcefully sexed. Her mother kept the status of her sexual assault on mobile phone. The incident is old. When the report was lodged, she was major. The victim is present in the Court. She has instructed that the F.I.R. has been lodged against the applicant out of anger. She has

1841.2024BA.odt levelled the incorrect allegations of forcible sex against the applicant. He was a just her master. She was doing the work with him. Considering the allegations, which were old in time and the completion of the investigation with the statement of victim, it would be unjustifiable to keep the applicant behind bars. Hence, the following order:

O R D E R

(i) Bail Application is allowed.

(ii) Applicant KULDEEP RAMBHAU JAGATKAR be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in the above crime for the aforesaid offences, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) He should attend the trial on each and every date and co-operate with the Trial Court to conclude the trial. (S.G. MEHARE, J.) sga