Sachin S/O Ashok Burade (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Brahmapuri, Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.607 OF 2015 Sachin Ashok Burade ..vs..

The State of Mah., thr PSO, PS, Brahmapuri, District Chandrapur Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri R.L. Alone, counsel for the applicant.

Ms. T.H. Udeshi, APP for the State.

CORAM : V.M. DESHPANDE, J.

DATE : SEPTEMBER 21, 2015.

By the present application, the applicant is seeking his release on bail since the applicant is arrested on 7.3.2015 in connection with Crime No.32 of 2015 registered with Brahmapuri Police Station, District Chandrapur for the offences punishable under Section 341, 354(A)(i), 323 and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Heard Shri R.L. Alone, learned counsel for the applicant and Ms T.H. Udeshi, learned APP for the State. The investigation is over. The charge-shset is already filed. With the assistance of learned APP, I have gone through the FIR, which is lodged by the prosecutrix herself having 15 years of her age. The nature of accusation made against the applicant is that the applicant used to pass some taunts to the prosecutrix. .....2/-

When the prosecutrix along with her two friends were proceeding on bicycle to attend the examination, the applicant came behind and taken away the hall ticket of the prosecutrix. The applicant stood in the middle of the bridge. On seeing the hall ticket at the hands of the applicant, the prosecutrix found that the hall ticket was of her. The prosecutrix demanded her hall ticket back from the applicant. She snached the hall ticket from the applicant and ran away to attend the examination. While the prosecutrix was returning back to home, the applicant gave blows to the applicant on her head and back. These are the allegations made against the applicant.

Looking to such nature of accusations made against the present applicant and the fact that the investigation is over, I see no reason that the applicant should continue his presence in the jail custody. In that view of the matter, this Court passes the following order :-

ORDER

1] The criminal application is allowed.

2] Applicant - Sachin S/o Ashok Burade be released on bail in connection with Crime No.32 of 2015 registered with Brahmapuri Police Station, District Chandrapur for the offences punishable .....3/-

under Section 341, 354(A)(i), 323 and Section 8 of the Protection of Children from Sexual Offences Act, 2012 on he executing Personal Bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount.

3] The applicant shall attend Brahmapuri Police Station, District Chandrapur once in a fortnight viz. on 1st and 3rd Saturdays of each month in between 3.00 pm to 6.00 pm till trial is over. 4] The applicant is prohibited from extending any threats whatsoever in nature to the prosecutrix. The criminal application is disposed of as such. JUDGE !! BRW !!

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