Aditya S/O Ravindra Telgote (In Jail) v. State Of Mah. Thr. Pso Ps Civil Line, Akola, Tq. And Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 939 OF 2020 (Aditya s/o Ravindra Telgote vs. State of Maharashtra thr. PSO, PS Civil Lines, Akola, District - Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

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

.....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 07, 2020.

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

2.

The applicant against whom Crime No. 59 of 2019 is registered at Civil Lines Police Station, Akola, under Sections 376, 506, 34 of Indian Penal Code and under Sections 3, 4, 8 and 12 of Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act), has moved this application for grant of bail.

3.

Perused the application, affidavit in reply filed by the State and the charge sheet.

4.

The age of the girl is around 17 years i.e. on the verge of attaining majority. The applicant aged 22 years was at the relevant time, taking education in the same college, where the girl was taking education. They both came in contact with each other as it is stated that the boy was having special knowledge on Buddhism. It is further stated that on the pretext of listening discourse, he took her in his house and committed sexual assault.

5.

There is delay of around four months in lodging FIR. The delay in lodging the FIR is not explained satisfactorily.

6.

As the girl and the boy are studying in the same college and no criminal antecedents are pointed out against the applicant by the prosecution, this Court is inclined to grant bail to the present applicant, since the applicant is in jail since 22.02.2020 and the investigation is completed and the charge sheet is also filed.

7.

In the circumstances, Criminal Application is allowed on the following conditions :

(i) The applicant - Aditya Ravindra Telgote, shall be released on bail on furnishing Personal Bond of

Rs.25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

(ii) The applicant shall not tamper with the evidence.

(iii) The applicant shall not pressurize the prosecution witnesses.

(iv) The applicant shall attend the Police Station once in a month on every first Thursday of the month between 11.00 AM to 1.00 PM.

JUDGE *GS.