Bombay High CourtABA/194/2016allowed

Akash S/O Palsingh Rathod v. State Of Maharashtra, Through P.S.O. Deoli, Wardha

2016-05-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba194.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 194 OF 2016 (AKASH PALSINGH RATHOD...VS..STATE OF MAH. THR. PSO PS DEOLI, DIST. WARDHA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : MAY 02, 2016.

Heard Shri Mahesh Rai, advocate for the applicant and Shri S.M. Bhagde, A.P.P. for the non-applicant. The applicant (aged about 19 years) apprehends arrest in crime registered against him for the offences punishable under Sections 376(j)(n) of the Indian Penal Code and Sections 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The crime is registered on the complaint of the complainant (aged about 17 years) that the applicant had recorded video clip when she was feeding food to the applicant and the applicant blackmailed the complainant and committed sexual intercourse.

The accusations in the complaint, prima-facie do not make out the offence punishable under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the prosecution will have to prove its case.

2 aba194.16 As far as other offences are concerned, considering the nature of the accusations, the facts on record and as there is no medical examination report of the complainant, in my view, the applicant is entitled for prearrest bail. Hence, the following order :

In the event of arrest in Crime No. 214 of 2016, registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.Twenty Thousand and one solvent surety in the like amount.

The application is allowed accordingly.

CRI.APPLN.(APPP) NO.424/2016.

In view of disposal of the main application, the application praying that the filing of say of APP be dispensed with, does not survive, hence, it is disposed of. JUDGE RRaut..