Suresh Devraoji Umak v. The State Of Maharashtra, Through P.S.O. P.S. Pathrot, Amravati

ba440.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.440/2015 (Suresh Devraoji Umak.vs.State of Maharashtra, thr. PSO P.S.Pathrot, Dist.Amravati) _____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. V. Sirpurkar, Advocate for applicants. Mr. V. A. Thakare, A.P.P. for non applicant-State CORAM : V. M. DESHPANDE, J.

DATE :

SEPTEMBER 10, 2015.

Heard learned counsel for the applicants and learned A.P.P. for non applicant-State.

By the present application, the applicant is seeking his enlargement on bail since he is arrested in connection with Crime No.16/2015 for an offence punishable under Sections 452, 376, 506 of the Indian Penal Code.

The FIR is lodged by the prosecutrix herself. She is aged about 36 years and having a son of 17 years. On the date of incident, her husband and son had gone out for their labour work. According to the FIR, the first informant was doing some work inside her house and the door was closed from inside. That time, the present applicant entered into the house by opening the door and, therefore, committed sexual intercourse against the will of the prosecutrix. The said fact is noticed by one prosecution witness Gopalrao. With these allegations, the FIR was lodged. On perusal

ba440.15 of the FIR, prima facie, the role of the prosecutrix herself cannot be ruled out. In that view of the matter, the applicant has made out a case for bail. Hence, I make the following order.

ORDER

(i) Criminal Application No.440/2015 is allowed.

(ii) The applicant-Suresh Devraoji Umak, be released on bail in connection with Crime No.16/2015 registered with Police Station Pathrot, Dist. Amravati for an offence punishable under Sections 452, 376 and 506 of the IPC, on he executing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount. (iii) The applicants shall attend Police Station Pathrot, Dist. Amravati once in a month i.e. on the last Sunday of every month between 3.00 p.m. to 5.00 p.m. till culmination of the trial.

(iv) The applicant shall not try to influence or pressurize either the victim or the prosecution witnesses.

JUDGE kahale