Vikas Chandrabhan Talikute v. The State Of Maharashtra

930 B. A. No. 1967 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1967 OF 2022 Vikas Chandrabhan Talikute, ..Applicant

VERSUS

The State of Maharashtra, and another ..Respondents ....

Mr. S. S. Jadhav, Advocate for the Applicant. Mr. S. B. Narwade, APP for the Respondent State. ....

CORAM : S.G. MEHARE, J.

DATE : 11.01.2023 PER COURT :- Heard the learned counsel for the applicant and learned counsel for the respondent, learned counsel for the victim appointed through legal aid is absent 2.

The case reveals a diferent history. Initially crime was registered against the maternal uncle. When he denied, the supplementary statement of the victim was recorded, at that time, she alleged against the present applicant. The victim herself came with Consensual sex theory before the Medical Ofcer. However, she again changed her version before the learned Magistrate. The Inconsistent allegations

930 B. A. No. 1967 of 2022.odt against any person creates a doubt. The victim was about 16 years old, she never complained against the applicant. Considering the conduct of the victim and her mother, and particularly her consensual sex theory, it would be inappropriate to detain the applicant behind the bar. Hence the order :-

O R D E R

(I) The bail Application is allowed.

(ii) Applicant Vikas Chandrabhan Talikute be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand ) with one solvent surety of the like amount in Crime No. 0119 of 2022, registered with Basamba Police Station, District Hingoli for the ofence punishable under Sections 376,376(3),376(2)(i)(n) of Indian Penal Code and under Sections 3,4,5,5(J)(2),5(L) of POCSO Act on the condition that :- (a) He shall not contact the victim and any other witnesses till the conclusion of the trial.

(b) He shall attend the trial on each and every efective date of hearing.

( S.G. MEHARE ) JUDGE YSK/