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Bombay High CourtBA/453/2020allowed

Ritesh Padmakar Mohod v. State Of Mah. Thr. Pso Ps Murtizapur Gramin, Distakola

2020-09-03Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba453of2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 453 OF 2020 (Ritesh Padmakar Mohod..vs..State, thr PSO, PS Murtizapur Gramin, Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri Vimay Dahat, counsel for applicant.

Shri J.Y. Ghurde, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE:03.09.2020.

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

2.

The applicant, who is aged 20 years is in custody in connection with Crime 164/2020 registered with Police Station Murtizapur (Gramin) for offence punishable under sections 354, 354-A, 452 of the Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act.

3.

According to the complainant, she is aged 17 years and on 2.7.2020 the applicant entered her house and caught hold of her and gagged her mouth. It is further alleged that the uncle of the victim who resides besides her house entered the house from kitchen door and rescued the victim.

4.

Although, the charge sheet is not as yet filed, the

ba453of2020.odt investigation appears to be virtually complete. Considering the relatively tender age of the applicant, it would not be appropriate to continue the custody. If the applicant is made to languish further in jail, the possibility of he being influenced by hardened criminals can not be ruled out. 5.

The application is allowed.

6.

The applicant shall be released on furnishing P.R. Bond of 25,000/- with a surety of like amount. ⛴ة Considering the prevailing situation, the surety may be furnished within four weeks of the bail.

7.

The applicant shall not enter the territorial limit of village Vadgaon Matoda till the conclusion of the trial without the permission of the trial Court.

8.

The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the investigation.

Judge Belkhede RS