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Bombay High CourtBA/492/2021allowed

Gajanan S/O Shankar Tokase48 v. State Of Mah. Thr. Pso Ps Sawangi Dist.Wardha

2021-06-15Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 492/2021.

Gajanan Shankar Tokase -VERSUSState of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri M. Rai, Advocate for the Applicant.

Shri H.D. Dubey, A.P.P. for the Non-applicant. CORAM : VINAY JOSHI, J.

DATE : JUNE 15, 2021.

Hearing was conducted through Video Conferencing.

2.

Police of Sawangi (Meghe) Police Station, District Wardha have arrested the applicant in Crime No.552/2020 for the offence punishable under Sections 354-B and 342 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act. It is the prosecution case that on the date of occurrence, the applicant who is a nearby resident, called the minor victim to his house under the pretext of giving chocolate. The applicant offered

a ten rupee currency note to the victim, caused her to sit on a cot and started to remove her clothes. The victim refused, gave jerk and ran away.

3.

The State resisted the bail by filing reply affidavit. It is contended that the applicant has tried to molest a minor girl. According to the prosecution since the victim is a resident of same locality, the applicant may pressurize the prosecution witnesses. Having regard to the seriousness of the offence, the bail is prayed to be rejected.

4.

The allegations against the applicants are of trying to remove clothes of the victim. The alleged offence is punishable with imprisonment upto 7 years. The investigation is complete and charge sheet is also filed. The trial will take a considerable time for its disposal. As regards the chances of tampering are concerned, imposition of stringent condition would suffice the purpose. In the circumstances, following order is passed.

(i) Criminal Application is allowed and disposed of.

(ii) The applicant / accused - Gajanan Shankar Tokase is released on bail in connection with Crime No.552/2020

registered with Sawangi (Meghe) Police Station for the offence punishable under Sections 354-B and 342 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act on his furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant/accused shall not enter into the territorial limits of Village Salod (Hirapur), Tahsil and District Wardha till the conclusion of the trial.

(iv) The applicant /accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(v) Pending applications if any, stands disposed of.

JUDGE Rgd.