Bombay High CourtBA/452/2017allowed

Ganesh S/O Namdeo More v. State Of Maharashtra, Thr. P.S.O. Pandharkawada, Yavatmal

2017-07-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba452.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.452/2017 Ganesh S/o Namdeo More ..Vs..

State of Maharashtra, through Police Station Officer, Pandharkawada, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Dhore, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 1.7.2017.

Heard.

The applicant is arrested on 4th October, 2016 in connection with crime registered against him for the offence punishable under Section 376(2)(n) of the Indian Penal Code read with Sections 4 and 6 of the Protection of Children from Sexual Offences Act on the accusations that promising to marry the victim (aged above 16 years) the applicant has sexually assaulted the victim.

The application is opposed on the ground that commission of crime by the applicant is corroborated by the report of D.N.A. test which shows that the applicant is the biological father of baby of the victim. The applicant, aged about 23 years, claims to be a Labourer and has stated that he is not involved in any other crime / offence. The investigation is complete and charge-sheet is filed. The non-applicant has not

2 ba452.17 been able to show that further custody of the applicant is required for investigation.

In the facts of the case, following order is passed:

The applicant having been arrested in connection with Crime No.406/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and furnishing one solvent surety in the like amount. The application is allowed in the above terms. JUDGE Tambaskar.