Aniket Bramhagiri Giri v. The State Of Maharashtra And Another

38- B.A. No. 2 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 BAIL APPLICATION NO.2 OF 2023 ANIKET BRAMHAGIRI GIRI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S.J. Salunke APP for Respondents: Mr. S. P. Sonpawale ....

CORAM : S.G. MEHARE, J.

DATE : JANUARY 23,2023 PER COURT :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Initially allegations were levelled against the applicant. However, the victim and her mother, in their subsequent statements before the learned Judicial Magistrate did not support the prosecution case. They took U-turn from their earlier allegations. The DNA test report is still awaited. The victim was allegedly 17 years old at the time of the incident. She met the applicant on Instagram. It appears from the record that there is some relation between them. In view of the fact that, there are no allegations against the applicant in the statement recorded under Section 164 of the Code of Criminal

38- B.A. No. 2 of 2023.odt Procedure, keeping applicant behind bar would be inappropriate. Hence, the following order :-

ORDER

(i) The Bail Application is allowed.

(ii) The applicant Aniket Bramhagiri Giri be released on bail on executing P.B and S.B of Rs. 50,000/- ( Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No. 152/2022 of registered at Majalgaon (City), Police Station District Beed for the offence punishable under Sections 376(2) of Indian penal Code and under Section 4,6,8,10,12 of the Protection of Children from Sexual Offences Act, 2012 on the condition that the applicant shall not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE ysk