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Bombay High CourtAPPLN/6938/2014disposed off

Ganesh S/O Shivaji Shirke v. The State Of Maharashtra

2015-01-14Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6938 OF 2014 GANESH S/O SHIVAJI SHIRKE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. G. J. Kore, Advocate h/f Mr. Nandure Sanjay A.

APP for Respondent: Mr. N. B. Patil.

***

CORAM:

T. V. NALAWADE, J.

DATED:

14th JANUARY, 2015.

PER COURT:

1.

The application is filed for bail.

2.

Both the sides are heard.

3.

This Court has perused the papers of investigation. 4.

The crime is registered on the basis of report given by prosecutrix. The prosecutrix is aged 32 years and she is a widow. At the relevant time, she had two issues. Present applicant owns and runs a grocery shop in the village of prosecutrix. Prosecutrix was making purchases from his shop and due to that she came in contact with present applicant. She has made allegations that the

-:(2):- applicant established physical relationship with her. It is her case that they had stayed together at other place also. It is her case that when she became pregnant she was admitted in hospital where she delivered a girl child. It is her case that applicant did not visit the h0ospital to see her and the child. It is her case that the applicant refused to maintain her. On the basis of these allegations crime is registered for offence under section 376 I.P.C. as against the applicant.

5.

The Applicant has been behind bar since 15th November, 2014. In view of the nature of allegations, this Court holds that it is not desirable to keep the applicant behind bars till disposal of the case. 6.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/-.

7.

He is not to tramper with the prosecution witnesses. He is not to commit similar offence. [T. V. NALAWADE, J.] Dt.14/01/2015 ans/6938