Hanmant Raju Jabde v. The State Of Maharashtra And Another

990- B.A. No. 2133 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 990 BAIL APPLICATION NO.2133 OF 2022 HANMANT RAJU JABDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Nikam Anup R.

APP for Respondents: Mr. S. P. Deshmukh ...

CORAM : S.G. MEHARE J.

DATE : 12.01.2023.

PER COURT :- 1.

Leave granted to correct the name of the applicant. Amendment to be carried out forthwith.

2.

Heard the learned counsel for the applicant and learned A.P.P for the respondent State . It appears that the victim eloped with the applicant. As soon as they alighted from the Bus at Hadpsar, the maternal uncle of the victim caught them and taken into custody. She did not narrate anything about the forceful sex done by the applicant with her about seven to eight months prior to 17th August, 2022. The statement of the victim was recorded after about one month of the incident. In such circumstances possibility of tutoring cannot be ruled out. Except alleged kidnapping there is nothing against the applicant. It also appears that the victim and

990- B.A. No. 2133 of 2022.odt applicant were well acquainted with each other and chatting on the mobile phone. Having regard to the facts of the case the applicant deserves bail. Hence the following order :-

ORDER

(I) The bail Application is allowed.

(ii) Applicant Hanmant Raju Jabde 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. 386 of 2022, registered with Degloor Police Station, District Nanded for the offence punishable under Sections 363, 376(3), 366-A, 506 of the Indian Penal Code and Section 4,8,12 of Protection of Children from Sexual Offences Act, 2012 on the condition that :- (a) He shall not contact the victim and her relatives till the conclusion of the trial.

(S.G. MEHARE J.) ysk