Chetan S/O Bandu Tarare v. The State Of Maharashtra, Thr. P.S.O. P.S. Pachpaoli, Nagpur

1 ba279.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.279/2016 Chetan s/o Bandu Tarare ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Pachpaoli, 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 : 6.5.2016 Heard Shri S.V. Sirpurkar, advocate for the applicant and Shri N.S. Khubalkar, A.P.P. for the non-applicant. The applicant is arrested on 22nd December, 2015 in crime registered against him and two others for the offences punishable under Sections 376(2)(I)(J)(N) and 506 of the Indian Penal Code and Sections 5(J)(2)(L) and 6 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the victim is sexually exploited by Satish Mohadikar, Kailash Nikhare (father of the victim) and the present applicant. Initially, the victim had named Satish Mohadikar as the accused. On medical investigation, the non-applicant found that Kailash Nikhare (father of the victim) is the biological father of the child delivered by the victim and in further investigation the victim has named Kailash Nikhare and the present applicant. The investigation is complete. The charge-sheet is filed. 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, however, on certain

2 ba279.16 conditions:

Hence, the following order:

(i) The applicant having been arrested in Crime No.238/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and two solvent sureties in the like amount. (ii) The applicant undertakes that he will not enter the area where the victim resides and will reside at Godhani. (iii) The applicant shall give his address at Godhani and cell phone number to the Investigating Officer.

(iv) The applicant shall regularly attend the sessions trial, unless granted exemption by the Special Court.

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