Bhaginath S/O Yadav Gaikwad v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6768 OF 2015 Gayabai w/o Mhatarba Janrao, Age 70 years, Occu. Nil., R/o Khandala, Taluka Vaijapur, District Aurangabad ..Applicant
Versus
The State of Maharashtra, through the Police Station, Shivoor, Taluka Vaijapur, District Aurangabad ..Respondent Mr K.R.Doke with Mr S.K. Doke, Advocates for applicant Mr S.Y. Mahajan, A.P.P. for respondent - WITH - CRIMINAL application NO.6741 OF 2015 Bhaginath s/o Yadav Gaikwad, Age 41 years, Occu. Agri., R/o Devali Taluka Kannad, District Aurangabad ..Applicant
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The State of Maharashtra, through Police Inspector, Police Station, Shivoor, Taluka Vaijapur, District Aurangabad ..Respondents Mr Shantilal J. Gayke with Mr M.R. Jadhav, Advocates for applicant Mr S.Y. Mahajan, A.P.P. for respondnt CORAM : N.W. SAMBRE, J.
DATE : 12th January 2016 PER COURT Heard.
The applicants are seeking regular bail in Crime No.147/2015 registered at Shivoor Police Station, Taluka Vaijapur, District
Aurangabad, for the offence punishable under Sections 366-A, 363-A, 363, 376 read with sec. 34 of Indian Penal Code and under Sections 4, 5 and 6 of the Protection of Children from Sexual Offences Act. 3.
After the arrest of the applicants, the applicants were subjected to interrogation and upon completion of investigation, charge-sheet in the matter is already filed. Learned Counsel for the applicants would urge that the role attributed to the applicants is that of mediator in the marriage and no other role in the serious offence of 376 of Indian Penal Code is alleged.
4.
Learned A.P.P., while opposing the application would urge that upon investigation, sufficient evidence was noticed against the present applicants.
5.
Having considered the rival submissions and in view of the fact that the investigation is complete and the role attributed to the present applicants is to the extent of arranging the marriage. In my opinion, the applicants are entitled for bail. Hence, I proceed to pass the following order.
6.
The applicants be released in Crime No. 147/2015 registered at Shivoor Police Station, Taluka Vaijapur, District Aurangabad, for the offence punishable under Sections 366-A, 363-A, 363, 376 read with sec. 34 of Indian Penal Code and under Sections 4, 5 and 6 of the Protection of Children from Sexual Offences Act, upon furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount, by each of them.
7.
Both the Criminal Applications stand allowed in above terms. ( N.W. SAMBRE, J.) (vvr/