Kalpak S/O Balkishan Gadriye v. State Of Maharashtra Thr. Pso Ps Mohadi, Dist. Bhandara
940BA1099.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 1099 OF 2020 Kalpak s/o Balkisan Gadriye Vrs.
State of Maharashtra, thr. P.S.O. Mohadi, Dist. Bhandara -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'
s or Judge'
s Order Coram, appearances, Court'
s Orders or directions and Registrar'
s order --------------------------------------------------------------------------------------------------------- Shri K.S. Motwani, Adv. for the applicant.
Shri I.J. Damle, APP for the non-applicant / State. .....
CORAM : PUSHPA V. GANEDIWALA, J.
DECEMBER 04, 2020.
Heard.
2.
The applicant is said to be arrested in Crime No. 138/2020 registered at Police Station Mohadi, Dist. Bhandara for the offence punishable under Sections 376, 376(2)(N) and 506 of the Indian Penal Code.
3.
I have considered the submissions made on behalf of both sides.
4.
At the outset, the case appears to be of consensual sexual relations. The age of the girl at the relevant time was 24 years and the applicant is also said to be of same age.
5.
It appears that when the marriage of the prosecutrix with some other boy was fixed and the
940BA1099.2020.odt applicant informed the proposed boy about his relations with the prosecutrix, the fixed marriage came to be broke down.
6.
In this background the report came to be lodged. Considering the aforesaid allegations, the applicant deserves bail. Hence, the following order : (i) The applicant - Kalpak s/o Balkisan Gadriye be released on bail on executing Personal bond of Rs. 20,000/- with a solvent surety of like amount.
(ii) The applicant shall not enter the vicinity of the area where the witnesses reside. (iii) The applicant shall not leave his local jurisdiction without prior intimation to the concerned police station.
(iv) The applicant shall not tamper with the evidence of prosecution witnesses.
(v) The applicant to attend the concerned police station once in a month i.e. on every first Tuesday of the month between 12.00 noon and 2.00 p.m.
JUDGE D.S. Baldwa