Bhanudas Kashinath Murkute v. The State Of Maharashtra And Another

2024:BHC-AUG:26999

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 BAIL APPLICATION NO.2079 OF 2024 BHANUDAS KASHINATH MURKUTE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.R.R.Karpe APP for Respondent-State : Mr.B.A.Shinde Advocate for Respondent no.2 : Mr.M.P.Tripathi ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.11.2024 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 in connection with Crime No.1070/2024, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under sections 376 (2) (n), 418, 328, 506 of the Indian Penal Code as well as subsequently added Section 354 of the Indian Penal Code and Section 14 (1) of POCSO Act, 2012.

3] The applicant was arrested on 08.10.2024 and continues to be in Judicial Custody. The FIR is registered by 35 years old lady / victim. From the FIR, prima facie, it appears that the applicant had called the victim at various

places and had maintained physical relations with the victim on false promise of gifting 10 acres of land and employment to her son.

4] The victim has appeared in the matter and submits that she has no objection to grant regular bail in favour of the applicant.

5] Considering the allegations in the FIR and considering the age of the applicant as 83 years old and the victim has no objection to grant regular bail in favour of the applicant, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No.1070/2024, registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under sections 376 (2) (n), 418, 328, 506 of the Indian Penal Code as well as subsequently added Section 354 of the Indian Penal Code and Section 14 (1) of POCSO Act, 2012, 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 shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

c] 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.

d] 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.

6] 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.

7] The application stands disposed of.

8] Parties to act upon authenticated copy of this order.

[ARUN R. PEDNEKER] JUDGE DDC