Bombay High CourtBA/270/2016allowed

Amit S/O Ranglal Shende v. State Of Maharashtra, Through P.S.O. Umrer, Nagpur

2016-04-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba270.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.270/2016 Amit S/o Ranglal Shende ..Versus..

State of Maharashtra, through Police Station Officer Umrer, Tah. Umrer, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 15.4.2016 Heard Shri P.S. Kaole, advocate for the applicant and Shri N.B. Jawade, A.P.P. for the non-applicant.

The applicant is arrested on 31st August, 2015 in crime registered against him for the offence punishable under Sections 376(2)(N) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 on the complaint of prosecutrix (aged about 17 1⁄2 years) accusing that the applicant has forcibly and repeatedly committed sexual intercourse. The application is opposed on the ground that there is ample evidence against the applicant including the report of DNA examination.

The charge-sheet is filed on 23rd October, 2015.

2 ba270.16 Considering the nature of accusations against the applicant and the fact that the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime no.114/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.