Vishnu Balu More v. The State Of Maharashtra And Another

988- B. A. No. 2117-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 988 BAIL APPLICATION NO.2117 OF 2022 VISHNU BALU MORE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sawant Amol Shivajirao APP for Respondents: Mr. S. P. Deshmukh Advocate for respondent No.2 : Mr. N.S.Shah ...

CORAM : S.G. MEHARE J.

DATE : 12.01.2023.

PER COURT :- 1.

Heard the learned counsel for the applicant, learned A.P.P for the respondent State and learned counsel for respondent No.2.

2.

The sole allegation against the applicant is that when the victim eloped, the present applicant forcefully pushed her into the car. He travelled with victim and the co-accused in a car for some distance. Then he alighted from the car. There are no allegations of sexual assault against the applicant. The applicant has allegedly instigated and facilitated accused to elope the victim.

3.

Considering the role attributed to the applicant, the Court is of the view that his detention in jail would serve no

988- B. A. No. 2117-2022.odt purpose. However, to safeguard the interest of the victim , some conditions may be imposed. Hence the following order.

ORDER

(I) The bail Application is allowed.

(ii) Applicant Vishnu Balu More 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. 520 of 2021, registered with Chalisgaon Rural Police Station,for the ofence punishable under Sections 363,366,376(3),342,323 r/w 34 of the Indian Penal Code and under Sections 4,5,5 (L) and 17 of POCSO Act on the condition that :- (a) He shall not tamper with the prosecution witnesses. (b) He shall not contact the victim and other witnesses till the conclusion of the trial.

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

(d) He shall not involve in similar crime.

(S.G. MEHARE J.) ysk