Praveen S/O Shivaji Nehul v. The State Of Maharashtra Thr. Pso Mehkar Ps Mehkar, Dist. Buldhana And 1

2024:BHC-NAG:6758 33aba310.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 310 OF 2024 Praveen s/o Shivaji Nehul V/s State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. N.L. Jaiswal, counsel for the applicant.

Ms. Soniya Thakur, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/06/ 4.

1.

By this application, the applicant is seeking prearrest bail, in connection with Crime No. 248/2024 registered with Police Station Mehkar, District Buldhana for the offences punishable under Sections 452, 354, 354-A, 354-D, 504 and 506 of the Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, the applicant approached this Court for grant of pre-arrest bail. 2.

The accusation against the present applicant is that the victim who was residing with her parents house and from last one year, she is residing at her aunt's house, due to the harassment at the hands of the present applicant. It is further alleged that on 06/04/2024, when she had been to her parents house in the midnight when she was sleeping in the house, the applicant entered and outraged her modesty by giving hug to her. Thereafter, she shouted for help, the applicant fled away from the spot of the incident. rkn

33aba310.2024.odt 3.

The learned counsel for the applicant submitted that due to the previous dispute, this FIR is lodged. As far as the custodial interrogation is concerned, which is not required and the investigation is already completed.

4.

The learned APP strongly opposed the said application and admitted that, now charge-sheet is filed and prays for rejection of the application.

5.

Considering the fact that, now charge-sheet is filed and considering the allegations, the custodial interrogation of the present applicant is not required. In view of that, the interim protection granted to the present applicant deserves to be confirmed. Accordingly, I proceed to pass following order: a] The criminal application is allowed.

b] The interim protection granted to the present applicant by order dated 06/05/2024 is confirmed with further modification that condition Nos. (ii) and (iii) is hereby cancelled.

c] The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn