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Bombay High CourtBA/517/2018allowed

Sayyad Sabir Ali Aspak Ali v. State Of Maharashtra, Through Pso Ps Ramnagar, Chandrapur

2018-06-08Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.517 OF 2018 (Sayyad Sabir Ali Aspak Ali ..vs.. State of Maharashtra, through PSO, PS Ramnagar, Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rakhi Sarkar, Counsel for the applicant, Shri N.B. Jawade, Addl.P.P. for the non-applicant. CORAM : R OHIT B. DEO , J.

DATED : 08 - 0 6 -201 The applicant is in custody since 09-1-2018 in connection with Crime 1695/2017 registered at Ramnagar Police Station, Chandrapur for offences punishable under Sections 354, 354-A(1)(i), 354-D(1)(i), 354-D(1)(ii), 341, 509, 506 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act. The alleged victim has placed on record an affidavit dated 19-4-2018, in which her age is recorded as 18 years. The sum and substance of the affidavit is that she has no grievance against the applicant and that the complaint was lodged by her parents since they did not approve the relationship of the victim with the applicant-accused.

2.

Even de hors the affidavit, I do not see any reason to continue the incarceration of the applicant in judicial custody.

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The application is allowed. The applicant be released on furnishing personal bond of Rs.15,000/- with a solvent surety of like amount.

4.

The applicant shall attend the dates of hearing and shall cooperate in expeditious disposal of the trial. 5.

The applicant shall not tamper with the evidence nor shall attempt to influence the witnesses in any manner.

6.

The application is disposed of accordingly.

JUDGE adgokar