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Bombay High CourtBA/244/2020allowed

Mohit S/O Satyanarayan Prajapat v. State Of Mah., Thr. P.S.O. Khadan Akola Tq And Distakola

2020-05-15Hon'Ble Shri Justice Z.A. Haq2 pages

ba244.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 244 OF 2020 Mohit s/o Satyanaryan Prajapati .Vs.

State of Maharashtra _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri N.R. Tekade, Advocate for the applicant Smt. M.H. Deshmukh, APP for the non-applicant - State CORAM : Z.A. HAQ, J.

DATED : MAY 15, 2020 Heard.

By this application under Section 439 of the Code of Criminal Procedure, the applicant seeks directions to the non-applicant to release him on bail. The applicant is arrested in connection with Crime No.612/2019 registered with the non-applicant Police Station for the offences punishable under Sections 354, 354A, 354D, 341 and 506 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act.

The investigation is complete and charge-sheet is filed on 19.03.2020. The applicant is in jail since 14.11.2019. The non-applicant is not able to point out that further custody of the applicant is required for investigation. Learned APP has submitted that earlier also the applicant had filed an application under Section 439 of the Code of Criminal Procedure and it was withdrawn. Learned

ba244.20.odt Advocate for the applicant has pointed out that earlier application was moved before filing of the charge-sheet. Be that as it may, considering the facts of the case and the present situation, I am of the view that the applicant is entitled to be released on bail.

Hence, the following order:

The applicant having been arrested in connection with Crime No.612/2019 registered with the non-applicant, be released on bail on executing PR bond for 20,000/- and ₹ on furnishing cash security of 5,000/-.

₹ The applicant shall attend the trial before the Sessions Court on every date, unless exemption is granted by the Sessions Court.

The Criminal Application is allowed in the above terms.

JUDGE srwagh