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Bombay High CourtBA/767/2021disposed off

Mujeeb Ansari S/O Abdul Razzaque v. State Of Mah. Thr. Pso Ps Balapur Dist.Akola

2021-08-27Hon'Ble Shri Justice Rohit Baban Deo3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 767 OF 2021 (Mujeeb Ansari s/o. Abdul Razzaque..vs..State, thr PSO, PS Balapur, Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Mr. S.D. Chopde, counsel for applicant.

Mr. N.S.Rao, APP for applicant /State.

CORAM: ROHIT B. DEO, J.

DATE:27.08.2021.

Heard.

2.

The applicant is seeking bail in connection with Crime 391/2021, registered with Police Station, Balapur, Dist. Akola, for offence punishable under Section 354-A of Indian Penal Code and sections 7 and 8 of Protection of Children From Sexual Offences Act. 3.

Upon being noticed by this Court, the mother of the victim appeared and stated that she is not interested in prosecuting the applicant.

4.

Apart from such statement, which may or may not be bonafide, the victim states, in her statement under section 164 of the Code of Criminal

Procedure, 1973, albeit recorded belatedly, that nothing of the sort alleged happened. The investigation is complete and the chargesheet is filed. 5.

In this view of the matter, a case for bail is made out.

6.

The applicant be released on bail in connection with Crime 391/2021, registered with Police Station, Balapur, Dist. Akola, for offence punishable under Section 354-A of Indian Penal Code and sections 7 and 8 of Protection of Children From Sexual Offences Act, on executing PR bond of Rs. 16,000/- (Rupees Sixteen Thousand) with one solvent surety of the like amount.

7.

The applicant shall make no attempt to contact the witnesses and breach of this condition may ipso facto result in cancellation of bail, if an appropriate motion is moved either by the prosecution or by any interested person.

8.

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

9.

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

Judge Belkhede