Bombay High CourtBA/594/2017allowed

Sachin S/O. Sayaram Naitam And Another (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Purada Ta. Kurkheda Dist. Gadchirol

2017-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba594.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 594 OF 2017 (SACHIN SAYARAM NAITAM & ANR...VS.. STATE OF MAH. THR. P.S.O. PURADA, DIST. GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.N.Morande, Advocate for Applicants.

Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 04, 2017.

Heard.

The applicants are arrested in connection with crime registered against them for the offences punishable under Sections 376, 313, 315, 316 read with Section 34 of the Indian Penal Code. The crime is registered on the complaint lodged by victim, aged about 21 years, that assuring to marry, the applicant No.1 sexually exploited her and that when the pregnancy progressed, without her consent, it was terminated. According to the complainant, the applicant No.2 assisted the applicant No.1 in illegally terminating the pregnancy.

The facts on record show that the victim was married to Anil Naitam, however, within two months of marriage Anil Naitam found that the victim was carrying pregnancy of five months and therefore, he left her company and after this the victim has lodged the complaint. Be that as it may, the non-applicant has not been able to point out that custody of the applicant is required for

2 ba594.17 further investigation and considering the facts of the case and nature of accusations against the applicant, following order is passed:

The applicants having been arrested in connection with Crime No.21/2017, registered by the non-applicant, they be released on bail on executing P.R. Bond for Rs.Twenty Thousand each.

The application is allowed accordingly.

JUDGE RRaut..