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Bombay High CourtBA/712/2020allowed

Vijay Vinayakrao Khatale v. State Of Mah.Thro.P.S.O. , P.S. Tiwasa, District Amravati.

2020-05-19Hon'Ble Shri Justice V.M. Deshpande2 pages

LDVC-BA-16.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LDVC-BA No. 16 OF 2020 Vijay Vinaykaro Khatale .Vs. State of Maharashtra, through PSO, PS, Tiwasa, Dist. Amravati _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr.S.V. Sirpurkar, Advocate for applicant.

Mr.V.A. Thakare, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : MAY 19,2020 Heard Mr. S.V. Sirpurkar, learned counsel for the applicant and Mr. V.A. Thakare, learned Additional Public Prosecutor for non applicant-State.

The applicant is arrested on 06.03.2020 in connection with Crime No.77/2020 registered with Police Station, Tiwasa, Dist. Amravati for an offence punishable under Sections 376 and 506 of the Indian Penal Code. The victim is a married woman. From the First Information Report (FIR) it is clear that incident of forcible sex with her at the hands of the applicant has occurred during 20.02.2019 to 24.08.2019, however, the FIR is lodged on 06.03.2020 and subsequently the applicant is arrested.

Looking to the aforesaid fact, in my view, the applicant can be released on bail. Consequently, I pass the following order:

LDVC-BA-16.20.odt

ORDER

(i) The Criminal Application is allowed.

(ii) Applicant - Vijay Vinaykaro Khatale be released on bail in connection with Crime No.77/2020 registered with Police Station, Tiwasa, Dist. Amravati for an offence punishable under Sections 376 and 506 of the Indian Penal Code, on he executing PR bond in the sum of Rs.10,000/- with one solvent surety of the like amount.

(iv) The applicant shall attend Police Station, Tiwasa, Dist. Amravati once in 15 days i.e. every month's 15th and 30th date, until culmination of the trial.

(v) Applicant shall not give any type of threat to the prosecution witnesses.

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

(vii) 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. The application is disposed of JUDGE srwagh