Bombay High CourtBA/1901/2024application allowed

Omprasad Durgaprasad Mohanti v. The State Of Maharashtra And Another

2024-10-24Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:26237 945-BA-1901-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1901 OF 2024 OMPRASAD DURGAPRASAD MOHANTI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Dhanraj Ingole holding for Mr. Vithal M. Jadhav APP for Respondent No.1 : Mr. S. P. Sonpawale Advocate for Respondents No.2 : Mr. Lalit Balaji Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 24-10-2024 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent and the learned counsel for the victim. 2.

The applicant seeks bail in C.R.No.807 of 2024 registered with M.I.D.C. Waluj Police Station, District Aurangabad, for the offences punishable under Sections 64(1) and 65(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. 3.

The facts of the case reveal from the papers were that the victim, a sixteen years old girl, went with the applicant voluntarily. In her statement, she did not make the serious allegations against the applicant. The facts reveal that they had in love affair. They went away together at different places. In such circumstances, the

945-BA-1901-24.odt statement of the victim that the applicant threatened her, requires evaluation on merit. Nothing is to be recovered from the applicant. The applicant is a young boy of eighteen years old, having no antecedents to his discredit. The material investigation has been completed. Hence, applicant deserves bail.

ORDER

(i) The bail application is allowed.

(ii) Applicant - Omprasad Durgaprasad Mohanti, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that;

(a) He should not tamper with the prosecution witnesses. (b) He should attend the police station as and when called by the Investigating Officer on written notice.