Sanjay Babarao Rathod v. State Of Mah. Thr. Pso Ps Ghatanji Distyavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 959 OF 2020 (Sanjay Babarao Rathod vs. State of Maharashtra thr. PSO, PS Ghatanji, Yavatmal) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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Shri M.N. Ali, Advocate for the applicant.

Shri I.J. Damle, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 26, 2020.

Heard Shri Ali, learned counsel for the applicant and Shri Damle, learned APP for the nonapplicant - State, through video conferencing. 2.

The applicant, who was arrested on 23.10.2019 for the offence punishable under Sections 376 (2)(f)(j), 376, 452, 417 of the Indian Penal Code read with Sections 4 and 6 of the Prevention of Children from Sexual Offences Act (hereinafter referred to as the POCSO Act) in Crime No. 571 of 2019 by the Ghatanji Police Station, Tq. and District - Yavatmal, has moved this application.

3.

Perused the application, affidavit in reply filed by the non-applicant - State and heard the learned counsel for the parties.

4.

The age of the applicant is 25 years and the age of the girl is 18 years. The case appears to be of love affair and physical relations. As the applicant refused to marry, the First Information Report came to be lodged.

5.

Investigation in the case is completed and the charge sheet is also filed. The applicant is behind the bar since more than one year.

6.

Considering the nature of the crime and the age of the appliant, he is entitled to be released on bail. Hence, the following order :

(i) Criminal application is allowed on the applicant 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.

7.

Criminal application is disposed of accordingly.

JUDGE *GS.