Suraj S/O. Rajesh Wankhede v. State Of Maharashtra Thr. P.S.O., Nandanvan, Nagpur

ba194.19 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.194/2019 Suraj s/o Rajesh Wankhede ..vs..

State of Mah., thr. PSO PS Nandanvan, Nagpur ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri S.G.Karmarkar, Counsel for the Applicant. Shri S.A.Ashirgade, Addl.P.P for the State.

CORAM

: M.G.GIRATKAR, J.

DATED : APRIL 16, 2019.

1.

Heard.

2.

Learned counsel Shri S.G.Karmarkar for the applicant pointed out report submitted by the Government Women Hostel at Nagpur to Sadar Police Station at Nagpur in which name of one Lucky is alleged to be had sexual relations with victim. In statement, victim stated name of the applicant stating that he had love affairs with her and did sexual intercourse with her. She kept sexual relations with him from July 2017 to March 2018. She remained pregnant and, therefore, she disclosed about the same to her mother.

3.

At the time of incident, age of victim was 17 years. She was having age of maturity. In her statement she stated that she and the applicant both were in love affairs with each other and the applicant used to come to her house and in absence of her mother he used to do sexual intercourse with her. For a long period, she did not disclose the incident to her mother. She has not stated anything in .....2/-

ba194.19 5 her statement that applicant promised her to marry with her. 4.

Learned Additional Public Prosecutor Shri S.A.Ashirgade for the State strongly objected the present application.

5.

The applicant is in jail since 16.11.2018. Investigation is already over and chargesheet is already filed. Hence, following order is passed:

ORDER

(i) The criminal application is allowed.

(ii) The applicant be released on bail on he executing a P.R.Bond in the sum of Rs.25,000/- with one solvent surety of the like amount.

(iii) The applicant shall not tamper with the evidence of prosecution witnesses.

(iv) The applicant shall attend the trial Court on each and every date.

(v) The applicant shall not leave the jurisdiction of trial Court without prior permission.

(vi) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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