Bombay High CourtBA/358/2017allowed

Abhay S/O. Uttam Devde (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Pusad City, Dist. Yavatmal

2017-06-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba358.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 358 OF 2017 (ABHAY S/O UTTAM DEVDE...VS.. STATE OF MAH. THR. P.S.O. PS PUSAD CITY, TAH-PUSAD, DIST. YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. M. L. Jadhav, Advocate for Applicant.

Shri. N. R. Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 20 th JUNE, 2017.

Heard.

The applicant is arrested in crime registered against him for the offences punishable under Sections 363, 366(A), 376(3)(4) of the Indian Penal Code and Sections 4 and 6 of Protection of Children from Sexual Offences Act. The crime is registered on the complaint lodged by the brother of victim that the applicant assured the victim to marry her and sexually exploited her. The applicant claims to be aged about 25 years and according to the Investigating Agency, the victim is above 17 years but below 18 years. According to Investigating Agency, the victim was taken by the applicant/accused to Rajasthan, Pune and Mumbai without consent of her guardian. Accused is arrested on 20.02.2015.

The investigation is complete and charge-sheet is filed. The non-applicant has not been able to show that the custody of applicant is required for further investigation.

2 ba358.17 Considering the facts of the case, following order is passed.

The applicant having been arrested in Crime No.94 of 2015 registered by the non-applicant, he be released on bail on executing P. R. Bond of Rs.50,000/- and on furnishing two solvent sureties in the like amount. The applicant shall attend the trial before the Special Court on every date unless granted exemption by the Special Court.

The application is allowed accordingly.

JUDGE PBP.