Jitendra Balasaheb Jedgule v. The State Of Maharashtra And Another
2024:BHC-AUG:29512
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 BAIL APPLICATION NO.1972 OF 2024 JITENDRA BALASAHEB JEDGULE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Adv.Prartiksha Magare h/f. Mr.S.G.Magre APP for Respondent-State : Mr.S.B.Pulkundwar Advocate for Respondent no.2 : Mr.Y.H.Lagad ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 13.12.2024 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is seeking bail as he is arrested on 29.05.2024 in connection with Crime No. 386/2024, registered with Parner Police Station, District Ahmednagar, for the offences punishable under sections 354-A, 506 of IPC and under Sections 8 and 12 of the POCSO Act. 3] In the instant case, the allegation against the applicant is that the victim along with two girls were in the kitchen and that the applicant forcibly took her inside of the bathroom and outraged her modesty by touching her
inappropriately. As such, the aforesaid crime is registered against the present applicant.
4] The learned counsel for the applicant submits that the prosecution has not recorded the statements of the other two girls and the applicant is falsely implicated in the said crime and that the applicant and the victim are the neighbours.
5] The learned counsel for the respondent no.2 submits that he has moved appropriate application before the Magistrate for recording the statements of two witnesses, who were present there, so also, other witnesses. 6] Considering the nature of allegations under Section 354(A) and 506 of the Indian Penal Code and that the applicant is behind bars from 29.05.2024 and that the prosecution has also failed to record the statements of other witnesses, who were present at the place of incident, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 386/2024, registered with Parner Police Station, District Ahmednagar, for the offences punishable under sections 354-A, 506 of IPC and under Sections 8 and 12 of the POCSO Act, on furnishing PR bond of Rs.20,000/- with one or two
sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the informant and family of the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.
d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.
f] The applicant in any way would not send any meassage to the informant to withdraw the complaint.
7] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
8] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC