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Bombay High CourtBA/149/2016allowed

Ashish S/O Premlal Bilone (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Adyal, Bhandara

2016-03-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba149.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.149 OF 2016 (Ashish s/o Premlal Bilone ..vs.. The State of Maharashtra, through PSO, PS Adyal, District Bhandara) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : 21-03-2016 Heard Shri D.B. Borkar, Advocate for the applicant and Shri S.M. Bhagde, Additional Public Prosecutor for the non-applicant.

2.

The applicant is arrested on 23-06-2015 in crime registered against him for offences punishable under Section 363, 376(i)(j), 506 read with Section 34 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

The accusations against the applicant are that he has forcibly committed the penetrative sexual assault against the victim stated about 15 years 4 months. 4.

The charge-sheet is filed on 21-09-2015. The non-applicant has not been able to show that the custody of the applicant is required for further investigation. Considering the facts on the record, the age of the applicant and the fact that the applicant has not been involved in any crime earlier, in my view, the applicant is

2 ba149.16 entitled to be released on bail.

5.

Hence, the following order :

i) The applicant having been arrested in Crime No.40/2015 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.25,000/- and one solvent surety in the like amount.

ii) The applicant shall regularly attend the sessions trial unless granted exemption by the Sessions Court.

iii) The application is allowed in the above terms. JUDGE pma