Nitin Raghunath Amkar v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 BAIL APPLICATION NO.1836 OF 2022 NITIN RAGHUNATH AMKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. G. A. Kulkarni h/f Mr. Chapalgaonkar Shailesh S.

APP for Respondent-State : Mr. K. S. Patil.

Advocate for Respondent No.2 : Mr. Anuj Fulfagar. ...

CORAM : S. G. MEHARE, J.

DATE : 30.11.2022 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondent-State and learned counsel for respondent No.2/victim.

2.

Learned counsel for the applicant would submit that the false allegations have been levelled against the applicant. The applicant was a strict teacher; therefore, there was annoyance against him. Due to his strictness, the Management was also facing the problems. Therefore, a false story has been cooked. The applicant is languishing in jail since 08.10.2022. The material investigation has been completed. There are no

allegations except the utterance of the word. He has been made scapegoat. Therefore, he may be released on bail.

3. Learned APP and learned counsel for the victim have vehemently opposed the application. They would submit that the applicant has committed a serious offence. Due to the conduct of the applicant, the victim has been disappointed. She was not ready to attend the school. In such a way, her life has been spoiled. Therefore, he may not be granted bail. 4.

When the Court inquired, "whether any disciplinary action has been taken against the applicant"? It has been stated that "the applicant has been suspended from his services".

5.

Perused the papers. Considering the allegations levelled against the applicant and the stand taken by him, the Court is of the view that his further detention is not required. The investigation may take its own time. No purpose would be served by keeping the applicant behind bar. However, some stringent conditions may be imposed. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant NITIN RAGHUNATH AMKAR 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 Crime No.386 of 2022, registered by Police Station KopargaonRural, District Ahmednagar, for the offences punishable under Sections 354-A(1)(i) of the IPC and Section 11 and 12 of the POCSO Act on the following conditions :

(a) He shall not contact any girl from the said school including victim, their relatives and friends till the conclusion of the trial.

(b) The applicant shall not visit the school, where he was serving except for his departmental inquiry, if any, till conclusion of the trial.

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

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