Bombay High CourtBA/677/2017allowed

Rushikesh @ Golu S/O. Datta Khadse (In Jail) v. State Of Maharashtra Thr. P.S.O. Mahagaon Tq. Mahagaon Dist. Yavatmal

2017-07-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba677.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 677 OF 2017 (RUSHIKESH @ GOLU S/O DATTA KHADSE...VS...STATE OF MAH. THR. P.S.O. PS MAHAGAON, TAH-MAHAGAON, DIST.-YAVATMAL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. M. Mane-Patil, Advocate for Applicant. Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 25 th JULY, 2017.

Heard.

The applicant is arrested on 3rd May, 2017 in connection with Crime No.313 of 2017 registered against him for offence punishable under Sections 376(2)(i), 506 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act.

Crime is registered on the complaint of prosecutrix, aged about 13 years, who resides in the neighbourhood of the applicant, that on the date of incident, when she had gone to the house of the applicant to bring the match box, the applicant has committed crime. The application is opposed on the ground that charge-sheet is yet to be filed and that the applicant resides in the neighbourhood of the prosecutrix and he may threaten the prosecutrix.

2 ba677.17 The non-applicant has not been able to show that further custody of the applicant is required for investigation. The applicant, aged about 19 years, claims to be a student and has stated that he is not involved in any other crime/offence.

In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime No.313 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond for Rs.25,000/- and furnishing one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE PBP