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Bombay High CourtBA/665/2021allowed

Atul Bandu @ Vijay Kulmethe v. State Of Mah. Thr. Pso Ps Chamorshi Dist.Gadchiroli

2021-08-31Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 665 OF 2021 ( Atul Bandu @ Vijay Kulmethe ..vs.. State of Maharashtra, through PSO, PS Chamorshi, District Gadchiroli ) ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------- Mr. R.R. Vyas, Counsel for the applicant, Mr. N. Rao, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 31-08-2021 The applicant is seeking bail in connection with Crime 416/2020 registered with Chamorshi Police Station, District Gadchiroli for offences punishable under Sections 363 and 376(2)(n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

2.

The crime is registered on the basis of the report lodged by the father of victim, alleging, that his daughter eloped with the applicant.

3.

The victim was, according to the prosecution, 17 years and 7 months old approximately. Perusal of her statement dated 28-12-2020 reveals that she and the applicant were in a relationship, it was she who called the applicant complaining of some ill-treatment at her parental home, and then both eloped and resided together for five months or thereabout.

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Considering the factual matrix, and the fact that even according to the victim she was well aware that the applicant was married, I am satisfied that a case for bail is made out.

5.

The application is allowed.

6.

The applicant shall be released on bail on executing personal bond of Rs.25,000/- with a solvent surety of like amount.

7.

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

8.

The applicant shall attend each date of hearing scrupulously.

9.

The applicant shall not leave the country without the permission of the trial Court.

JUDGE adgokar