Akash Santosh Jadhav v. The State Of Maharashtra And Others

924-BA-1876.22 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1876 OF 2022 AKASH SANTOSH JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. M.M. Parghane, Advocate holding for Mr. J.T. Bansode, Advocate for applicant;

Mr. K. S. Patil, A.P.P. for respondent Nos.1 & 2; Mr. Ganesh A. Ambildhage, Advocate for respondent no.3 CORAM : S. G. MEHARE, J.

DATE : 15th December, 2022 P.C.

1.

Heard the learned counsel for the applicant, the learned A.P.P. for respondent Nos. 1 and 2 and learned counsel for the respondent No.3/victim.

2.

The allegations of outraging the modesty of the victim have been levelled against the applicant. The applicant has a case that since he had paid money to her brother; hence, he went to her house to demand his money. Therefore, he has been falsely implicated in the offence. The incident happened on 09.10.2022. The applicant is behind bar since 10.10.2022.

3.

Learned counsel for respondent No.3/victim has expressed an apprehension of danger at the hands of the applicant since the victim

924-BA-1876.22 (2) has to pass through his house for her college. The applicant and the victim are the residents of the same vicinity. They may pressure her. 4.

Considering the nature of offence, there appears nothing to be recovered from the applicant. However, the apprehension of the victim may be guarded by imposing certain conditions. In view of the material progress in the investigation, it would be inappropriate to keep the applicant behind bar. Hence, the following order:- i) The application is allowed.

ii) The applicant Akash s/o. Santosh Jadhav, be released on bail on furnishing PB and SB of Rs.50,000/- with one solvent surety of the like amount, in C.R. No.312 of 2022, registered with Waluj Police Station, Aurangabad, District Aurangabad for offence punishable under Sections 354 and 354A of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, on the conditions that;

(a) He shall not contact respondent No.3/victim in any way or mode, (b) He shall not tamper with the prosecution witnesses, and (c) He shall attend the Police Station on every Friday between 11.00 a.m. and 01.00 p.m. till filing of the charge-sheet. (S. G. MEHARE, J.) amj