Bhushan Keshaorao Sontakke And Others (In Jail) v. State Of Maharashtra Thr. P.S.O. Police Station Tiroda Dist. Gondia

ba581.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.581 OF 2018 (Bhushan Keshaorao Sontakke and others Vs. State of Maharashtra thr. PSO PS Tirora, Tah. Tirora, Dist. Gondia) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri M.B. Bargat, Advocate for Applicants.

Shri N.H. Joshi, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 4 th JULY, 2018.

The applicants are arrested in Crime 197/2018 registered with the Police Station Tirora, District Gondia for offence punishable under sections 354, 143, 147, 148, 149, 504, 506 of the Indian Penal Code and section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The applicants have no criminal antecedents. They are of relatively tender age and the applicant 1 is 19 years old and applicant 3 is aged 20 years. The accusation against the applicant 1 is that he touched the shoulder of the victim.

This incident occurred at 10:30 or thereabout on 22.05.2018. It is the case of the prosecution that a second incident occurred in the evening when some persons arrived at the house of the victim armed with sticks and iron pipe and confronted the father of the victim. However, an untoward incident was avoided since the father of the

ba581.18.O.odt 2 victim raises an alarm and since the neighbours rushed to help, the assailants fled. The applicants 2 and 3 are not attributed any role in the first incident. However, all the applicants were allegedly present in the group which came to the house of the victim and confronted the father of the victim.

Considering the nature of the offence alleged, I am inclined to allow the application.

The application is allowed.

The applicants be released on furnishing personal bond of Rs.15,000/- each with a solvent surety of the like amount.

The applicants shall not enter the territorial limits of Tirora till the filing of the charge-sheet. However, if the charge-sheet is not filed in the next three months the applicants shall be at liberty to apply for modification of this condition.

The applicants shall not tamper with the evidence nor shall applicants directly or indirectly attempt to influence the witnesses in any manner.

The application is disposed of accordingly.

JUDGE NSN