Akshay Nilkanth Ingle v. State Of Maharashtra Thr. Police Station Officer Police Station Khamgaon Dist. Buldhana

1 aba243.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 243 OF 2017 (AKSHAY NILKANTH INGLE...VS.. STATE OF MAH. THR. P.S.O. KHAMGAON, DIST. BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V.Sirpurkar, Advocate for Applicant.

Shri S.P.Deshpande, A.P.P. for Non-applicant. Shri S.P.Bhandarkar, Advocate for Complainant. CORAM : Z.A.HAQ, J.

DATED : JUNE 30, 2017.

CRI.APPLN.(APPP) NO. 881/2017 Considering the facts of the case, the complainant/prosecutrix is permitted to assist the prosecution.

The application is allowed accordingly.

CRI.APPLN.(ABA) NO.243/2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Section 376(2)(n) of the Indian Penal Code, has sought prearrest bail. The crime is registered against the applicant on the compliant lodged by the prosecutrix, aged about 19 years, that giving assurance of marriage the applicant has sexually exploited her.

The application is opposed on the ground that investigation is still in progress, the prosecutrix had been pregnant and blood sample of the applicant is required to conduct DNA test.

2 aba243.17 The applicant, aged about 22 years, claims to be an agriculturist. The applicant has stated that he is not involved in any other crime/ offence. Except for the submission that the custody of the applicant is required for collecting his blood sample, the non-applicant has not been able to point out that custodial interrogation of the applicant is necessary.

In the facts of the case, following order is passed: In the event of arrest in Crime No.63 of 2017, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs.Fifty Thousand and furnishing two solvent sureties in the like amount. The applicant shall surrender his passport to the Investigating Officer within one week. The passport of the applicant shall not be returned to him till conclusion of the trial. The passport shall be returned only after the Sessions Court grants permission for it.

The applicant shall attend the Police Station, Khamgaon on 5th July, 2017 and 12th July, 2017 between 11.00 a.m. and 1.00 p.m.

The application is allowed in the above terms. CRI.APPLN.(APPP) NO.626/2017.

In view of disposal of the bail application, the application praying for time to file certified copy of order does not survive, hence, it is disposed of.

JUDGE RRaut..