Vilas Vishwanath Dhawale v. The State Of Maharashtra And Another

2024:BHC-AUG:28900 1 122

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 122 BAIL APPLICATION NO. 2005 OF 2024 VILAS VISHWANATH DHAWALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Deshmukh Sachin S. & Mr. Shaikh Majit S. APP for Respondent/State: Mrs. M. L. Sangit Advocate for Respondent No.2 : Mrs. Smita Chole (Kendre) [appointed] ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09th DECEMBER, 2024 PER COURT:

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is seeking bail as he was arrested on 28.09.2024 in connection with Crime No.I-1052/2024, dated 27.09.2024, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under Sections 74 of Bharatiya Nyaya Sanhita, 2023 along with Sections 7, 8 and 12 of the POCSO Act, 2012.

3] Charge-sheet in the matter is filed. No further investigation is pending qua the applicant. Considering the nature of allegations and that the maximum punishment for the offences alleged is uptill 5 years and that the applicant is in jail for about 3 months, the application is allowed in the following terms :

2 122 a] The applicant shall be released on bail in connection with Crime No.I-1052/2024, dated 27.09.2024, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under Sections 74 of Bharatiya Nyaya Sanhita, 2023 along with Sections 7, 8 and 12 of the POCSO Act, 2012, on furnishing PR bond of Rs.15,000/- 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 or witnesses 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. 4] 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.

3 122 5] 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. 6] Mrs. Smita Chole (Kendre), learned counsel appointed for respondent no.2 shall be paid fees of Rs.10,000/- 7] The application stands disposed of.

[ARUN R. PEDNEKER, J.] marathe