Bombay High CourtBA/578/2017allowed

Vijay S/O. Ratan Nagdive (In Jail) v. The State Of Maharashtra Thr. The Police Station Officer Rana Pratap Nagar Police Station Nagpur

2017-07-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba578.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 578 OF 2017 (VIJAY S/O RATAN NAGDIVE...VS.. STATE OF MAH. THR. P.S.O. PS RANA PRATAP NAGAR, DIST.NAGPUR ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. P. Sonwane, Advocate for Applicant.

Shri N. R. Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 1 st JULY, 2017.

Heard.

The applicant is arrested on 5th May, 2017 in connection with crime registered against him for the offence punishable under Section 376 of the Indian Penal Code and Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012.

The crime is registered on the complaint lodged by the victim (aged about 18 years) that the applicant has sexually assaulted her on several occasions.

The application is opposed on the ground that at the time of commission of offence, the victim was minor, aged about 17 years and there is ample material available with the Investigating Agency which prima facie shows involvement of the applicant in the crime.

The applicant, aged about 25 years, claims that he is in private service and has stated that he is not involved in

2 ba578.17 any other crime/offence. The non-applicant has not been able to show that the further custody of the applicant is required for investigation.

In the facts of the case, following order is passed : The applicant having been arrested in connection with the Crime No.117 of 2017 registered by the nonapplicant, he be released on bail on executing P. R. Bond of Rs.25,000/- and furnishing one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE PBP