Prakash S/O Pandharinath Achalkhamb v. The State Of Maharashtra

Cri. Appln. No. 6535/14

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6535 OF 2014 Prakash s/o. Pandharinath Achalkhamb ....Applicant.

Versus

The State of Maharashtra ....Respondents.

Mr. G.G. Suryawanshi, Advocate for applicant. Mr. R.P. Phatke, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 7th January, 2015.

ORDER :

1.

The application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation. 2.

The crime is registered on the basis of report given by prosecutrix. The incident took place on 27.10.2014. The prosecutrix has made allegations that when she was returning, the present applicant, who was on motorcycle, gave her lift and then by taking her to lonely place committed rape on her. This Court has seen the record of medical examination which this Court is avoiding to discuss in view of the allegations made by the prosecutrix. The report was given to police on 29.10.2014

Cri. Appln. No. 6535/14 and crime came to be registered for offence punishable under sections 376 (A) of I.P.C.

3.

The applicant has been behind bars since 29.10.2014. A statement was made by the learned counselfor the applicant that no other similar application is made by the applicant for bail in this Court and no application was made in Supreme Court. It is not certain as to how much time will be required to dispose of the case.

4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to enter the locality where the prosecutrix is living. [ T.V. NALAWADE, J. ] ssc/