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Bombay High CourtBA/1102/2021allowed

Shubham S/O Doulat Narekar v. State Of Mah. Thr. Pso Ps Saoner Tah.Saoner Dist.Nagpur

2021-11-16Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba1102.21.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1102 OF 2021 (Shubham s/o Doulat Narekar Vs. State of Maharashtra thr. PSO PS Saoner, Tah. Saoner, Dist. Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Y. R. Sonkusare, Advocate for Applicant.

Mrs. K. R. Deshpande, APP for Non-Applicant/State. CORAM: ROHIT B. DEO , J.

DATE: 16 th NOVEMBER, .

The applicant is seeking bail in connection with Crime 531/2021 registered with the Police Station Saoner, Tahsil Saoner, District Nagpur for offences punishable under Sections 376, 376 (2)(n), 354, 354(D), 504, 507 read with Section 34 of the Indian Penal Code.

2.

The crime is registered on the basis of report dated 02.09.2021 lodged by Ms. 'P'.

3.

The report is in two parts. The applicant is not connected with the latter part, which pertains to the co-accused.

4.

In so far as the applicant is concerned, according to Ms. 'P' she was attending the zumba classes of the applicant. On 25.10.2020 the applicant allegedly called Ms. 'P' to his residence and established forcible sexual contact. Even according to the report, the only allegation

ba1102.21.O.odt against the applicant pertains to the alleged incident which occurred on 25.10.2020, i.e. eleven months prior to the report. Ms. 'P' then alleges that when the co-accused came to know of the said incident, he too sexually assaulted her on 02.08.2021 and then on 21.08.2021.

5.

Considering the nature of the allegations, the fact that the applicant has no criminal antecedents, that the investigation is not likely to be hampered if the applicant is released on bail, this application is allowed. 6.

The applicant be released on bail on furnishing PR bond of Rs.16,000/- (Rupees Sixteen Thousand) with solvent surety of like amount.

7.

The applicant shall not tamper with the evidence or make any attempt to influence the witnesses, directly or indirectly.

8.

The applicant shall not leave the country without the permission of the jurisdictional Court.

JUDGE NSN SHIVNARAYAN NIKHARE