Ritik S/O Ramesh Khobragade v. The State Of Maharashtra, Thr. Pso, Police Station Ramtek, Dist. Nagpur

1 ba 1142.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 1142 of 2021 (Ritik s/o Ramesh Khobragade ..vs.. State of Maharashtra through P.S.O. Ramtek, P.S. Ramtek, Distt. Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. K. Sorde, Advocate for the applicant Mr. N. R. Rode, APP for the State/non-applicant CORAM : ROHIT B. DEO , J .

DATED : 29-11-2021 Heard.

2.

The applicant is seeking bail in Crime 441/2021 registered with Ramtek Police Station, District Nagpur for offence punishable under Section 376(2)(n) of the Indian Penal Code.

3.

Ms. "K" lodged report dated 8-10-2021, the gist of which is that the applicant and Ms. "K" have studied together till 7th Standard. The applicant proposed to Ms. "K" when she was in 9th Standard and at that time, she turned down his proposal. The applicant again proposed to her on 14-4-2018 and Ms. "K" accepted. The first sexual relationship is established on 18-5-2021 and the last sexual contact appears to have occurred on

2 ba 1142.2021 5-10-2021. According to Ms. "K", the applicant refused to marry her and, therefore, she lodged report. 4.

I have perused the material in the case diary. Although the chargesheet is not filed, it is fairly stated by learned Additional Public Prosecutor Mr. Rode that the draft charge-sheet is sent for scrutiny.

5.

It appears that since the investigation is complete, no additional material is likely to be there in the chargesheet other than the material which I have scrutinized from the case diary.

6.

The nature of the accusation, the fact that the applicant is relatively young and is a student, the fact that he is not a flight risk and has no criminal antecedent, compels me to grant bail.

7.

The application is allowed subject to the following conditions.

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

3 ba 1142.2021 (ii) The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence.

(iii) The applicant shall not leave the country without the permission of the trial Court.

JUDGE wasnik YUVRAJ WASNIK