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Bombay High CourtBA/128/2016allowed

Rupesh S/O Mondi Parsewar (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Dhanora, Gadchiroli

2016-02-25Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.128 OF 2016 (Rupesh s/o Mondi Parsewar ..vs.. The State of Maharashtra, through PSO, PS Dhanora, District Gadchiroli) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 25-02-2016 Heard Shri S.N. Nandeshwar, learned Advocate for the applicant and Shri N.B. Jawade, learned Additional Public Prosecutor for the non-applicant. 2.

The applicant is arrested on 13-10-2015 in Crime No.41/2015 for the offences punishable under Sections 376 and 506 of the Indian Penal Code. The allegations against the applicant are that on giving promise to marry he sexually exploited the complainant (prosecutrix). According to the complainant, the exploitation continued from 24-07-2011 till 2015. The age of the complainant is reported to be 24 years. The applicant has stated in the application that he has not been involved in any crime earlier.

3.

Considering the nature of allegations and the facts on the record, in my view, the applicant is entitled to be released on bail.

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Hence, the following order :

i) The applicant having been arrested in Crime No.41/2015 registered by the non-applicant, he be released on bail, on furnishing P.R. Bond in the sum of Rs.5,000/- and one solvent surety in the like amount.

ii) The application is allowed in the above terms. Criminal Application No.258/2016.

In view of disposal of the bail application, the application praying for dispensing with the affidavit of the applicant or his relative has become infructuous. It is disposed accordingly.

JUDGE pma