Amit@Aniket@Khandya S/O Gajanan Mansuke v. State Of Mah. Thr. Pso Ps Old City Akola Tq. And Dist.Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1139 OF 2020 (Amit @ Aniket @ Khandya s/o Gajanan Mansuke vs. The State of Maharashtra thr. PSO, PS, Old City Akola, District - Akola) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.S. Londhe, Advocate for the applicant. Mrs. S. Jachak, APP for the non-applicant - State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 22, 2020.

Heard Shri Londhe, learned counsel for the applicant and Mrs. Jachak, learned APP for the non-applicant - State.

2.

The applicant - Amit @ Aniket @ Khandya s/o Gajanan Mansuke, is seeking bail in Crime No. 24 of 2020 dated 28.01.2020 for the offence punishable under Sections 363, 366(A), 354(A) of the Indian Penal Code and Sections 7, 8 and 12 of the Prevention of Children from Sexual Offences Act, 2012, registered by Old City Akola Police Station, Akola, District - Akola.

3.

The allegations against the present applicant, who is son of the tenant of the informant, is that he enticed the victim girl aged about 13 years

and by kidnapping her, took her to Pune on the pretext of solemanizing marriage with her.

4.

A perusal of the statement of the girl does not suggest any incidence of sexual assault on her. She refused to undergo medical examination. It is stated that the applicant and she was in love affair. 5.

Considering the nature of material and the fact that the investigation is completed and the charge sheet is also filed, this Court is inclined to grant bail to the applicant.

6.

Criminal application is allowed on the following conditions :

(i) The applicant - Amit @ Aniket @ Khandya s/o Gajanan Mansuke, shall be released on bail on executing Personal Bond of Rs.20,000/- (Rs. Twenty 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.

Needless to mention that the observations made in this application are strictly for deciding the present application of the applicant and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits.

JUDGE *GS.