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Bombay High CourtBA/935/2020allowed

Gajanan S/O Ramesh Salwe v. State Of Mah. Thr. Pso Ps Chikhali, Tq. Chikhali, Dist. Buldhana

2020-12-16Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1612ba935.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 935 OF 2020 (Gajanan s/o Ramesh Salwe vs. State of Maharashtra thr. PSO, PS Chikhali, Tq. Chikhali, District - Buldhana) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.J. Thakkar, Advocate for the applicant. Shri S.A. Ashirgade, APP for the non-applicant - State.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 16, 2020.

Heard Shri Thakkar, learned counsel for the applicant and Shri Ashirgade, learned APP for the non-applicant - State.

2.

The affidavit-in-reply filed on behalf of the State is taken on record.

3.

The applicant is seeking bail in Crime No. 249 of 2019 dated 29.04.2019 for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, registered by Chikhali Police Station, Tq. Chikhali, District - Buldhana.

1612ba935.20 4.

It is alleged that the present applicant called the victim boy aged about 5 years on the terrace of their house and sexually assaulted him by touching the anus of the boy. It is stated that the applicant is jail since 11⁄2 years and for the alleged offence maximum punishment is five years and minimum punishment prescribed is of three years. Considering this fact, this Court is inclined to grant him bail.

6.

In the circumstances, Criminal application is allowed on the following conditions : (i) The applicant - Gajanan s/o Ramesh Salwe, shall be released on bail on executing Personal Bond of Rs. 25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

(ii) The applicant shall not issue threats or tamper the prosecution witnesses.

(iii) The applicant shall attend Police Station once in a month on every first Thursday of the month.

JUDGE *GS.