Bombay High CourtBA/28/2016allowed

Manoj Bhajan Ivane (In Jail) v. The State Of Maharashtra, Through P.S.O. Chandur Bazar, Amravati

2016-03-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba28.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.28/2016 Manoj Bhajan Ivane ..Versus..

The State of Maharashtra, through P.S.O. Chandur Bazar, Tq. Chandur Bazar, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 2.3.2016 Heard Shri V.S. Bapat, advocate for the applicant and Ms. N.P. Mehta, A.P.P. for the non-applicant.

The applicant is arrested in crime registered against him for the offence punishable under Section 363, 366, 376, 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The accusation against the applicant is that he had taken the victim (aged about 15 years) forcibly in state transport bus from Chandur Bazar to Pusada at his friends place and confined her in a room and committed offence. Further allegation is that the complainant came back to Chandur Bazar next morning by state transport bus. Considering the nature of allegations, the medical examination

2 ba28.16 report of the victim and the fact that non-applicant has not been able to show that custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. (i) The applicant having been arrested in Crime No.245/2015 registered by the non-applicant, be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.