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Bombay High CourtBA/2049/2022application allowed

Aditya Shivaji Choudhary v. The State Of Maharashtra And Another

2023-01-10Hon'Ble Shri Justice S. G. Mehare2 pages

930-BA.2049-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 BAIL APPLICATION NO.2049 OF 2022 ADITYA SHIVAJI CHOUDHARY

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Vishal S. Nikalje, Mr. Nannaware Sachin Madukar.

APP for Respondent-State : Mr. S. B. Narwade. Advocate for Respondent No.2 : Mr. S.P. Telgote, Mr. J. I. Shaikh.

...

CORAM : S. G. MEHARE, J.

DATE : 10.01.2023 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondent-State and learned counsel for respondent No.2.

2.

The applicant is 19 years old young boy. No injuries were caused to the victim. He is languishing in jail for about five (5) months. Apparently, there is nothing on record to show that he has uttered the words in name of the caste of the victim. Nothing remained to be investigated from him. Therefore, it would be inappropriate to keep him behind bar. The apprehension of the prosecution may be guarded by imposing certain condition. Hence, the following order :

930-BA.2049-22.odt

O R D E R

(i) Bail Application is allowed.

(ii) Applicant ADITYA SHIVAJI CHOUDHARY be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.741 of 2022, registered by Police Station Shrirampur City, District Ahmednagar, for the offence punishable under Sections 354, 354(A), 354(D), 341, 201, 506, 509 of the IPC, Section 12 of the POCSO Act and Section 3(1)(w)(i)(ii), 3(2) (v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the condition that not to tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

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