Bombay High CourtABA/472/2017allowed

Pravin Vitthal Gorse v. The State Of Maharashtra Thr. P.S.O. Khamgaon Rural Tq. Khamgaon Dist. Buldana

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

1 aba472.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 472 OF 2017 (PRAVIN VITTHAL GORSE...VS.. STATE OF MAH. THR. P.S.O. KHAMGAON RURAL, DIST. BULDHANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V.Sirpurkar, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : JULY 04, 2017.

Heard.

The applicant seeks pre-arrest bail, apprehending arrest in connection with crime for the offences punishable under Sections 354 and 354(d) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012. The crime is registered on the complaint of victim (aged about 13 years) that the applicant who resides in the neighbourhood harasses her by singing song and taunting at her and expressing his love for her.

According to the applicant, there is some dispute about flow of drainage water from the house of the applicant towards the house of the complainant. The applicant, aged about 21 years claims to be working as agricultural labourer and at some bakery and has stated that he is not involved in any crime /offence.

In the facts of the case, it cannot be said that the custody of the applicant is required for interrogation.

2 aba472.17 In the facts of the case, the following order is passed:

In the event of arrest in connection with Crime No. 113/2017, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs.Ten Thousand.

The application is allowed accordingly.

JUDGE RRaut..