Sarang S/O. Santosh Rathod v. State Of Maharashtra Thr. Pso Ps Barshitakli, Dist. Akola

ba534.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.534 OF 2020 (Sarang s/o Santosh Rathod Vs. The State of Maharashtra thr. PSO PS Barshitakli, 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 S.G. Joshi, Advocate for Applicant.

Mrs. S.S. Jachak, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 9 th SEPTEMBER, 2020.

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

2] Heard.

3] The applicant is in custody in connection with Crime 279/2020 registered at Police Station Barshitakli, District Akola for offence punishable under section 354, 354-D of the Indian Penal Code and section 8 and 12 of the Protection of the Children from Sexual Offences Act. 4] The allegation against the applicant is that he caught hold hand of the prosecutrix and proposed marriage. 5] Shri Joshi, the learned counsel for the applicant

ba534.20.O.odt submits that the applicant and the prosecutrix were in relationship and that the applicant did not touch her inappropriately.

6] The applicant is aged 22 years and the prosecutrix was then on the verge of completing 18 years. 7] Considering the material on record this Court directed that the applicant be released on interim bail. 8] I have perused the reply filed on behalf of the prosecution. The apprehension that the applicant may influence the witnesses can be allayed by imposing conditions. The applicant has made out a case for bail. 9] The application is allowed. The interim order dated 17.08.2020 is made absolute.

10] In addition to the conditions imposed in the interim order dated 17.08.2020, it is directed that the applicant shall not enter the territorial limits of Gram Panchayat Ujaleshwar, Tahsil Barshitakli, District Akola till the conclusion of the trial, unless specifically permitted to do so by the jurisdictional court.

11] The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. JUDGE NSN