Nitesh Babusingh Rathod v. State Of Mah., Thr. P.S.O. Awadhutwadi, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.346 OF 2020 (Nitesh s/o Babusingh Rathod Vs. State of Maharashtra thr. PSO PS Awadhutwadi, Dist. Yavatmal) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. M.P. Kariya , Advocate for Applicant.

Mr. Bhagwan M. Lonare, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 21 st OCTOBER, 2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2] Heard.

3] The applicant is seeking regular bail in Crime 901/2019 registered with Police Station Awadhutwadi, District Yavatmal for offences punishable under section 364-A, 342, 347, 212, 201, 120-B of the Indian Penal Code and section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and section 66 (c)(d) of the Information Technology Act, 2000.

4] The prosecution case is that the seventeen years old son of the informant was kidnapped from his tuition class. The report makes a reference to unknown persons.

A video clip was send to the informant with a ransom demand of Rs.50,00,000/-.

5] I have perused the charge-sheet. In response to a specific query, the learned APP Mr. Bhagwan Lonare fairly states that the applicant is not identified by the victim in the test identification parade. I asked the learned APP Mr. Lonare to my notice any admissible evidence to implicate the applicant in the crime. Nothing is brought to my notice to link the applicant with the crime. 6] The applicant is entitled to bail.

7] The Application is allowed.

[i] The applicant be released from custody on furnishing personal bond of Rs. 25,000/- with a surety of like amount. In view of the prevailing situation, the surety may be furnished within four weeks from the release.

[ii]The applicant shall not make any attempt to influence the witnesses or tamper with the evidence.

[iii]The applicant shall attend the dates of hearing regularly.

[iv]The applicant shall not leave the country without the permission of the jurisdictional court.

JUDGE NSN Nitin Nikhare by Nitin Nikhare Date: 2020.10.21 18:17:56 +0530