Rashtrapal S/O Shankarrao Naik v. The State Of Maharashtra, Thr. P.S.O. Hudkeshwar, Nagpur

1 1010ba713.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.713 OF 2016 (Rashtrapal Shankarrao Naik Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. D. Thakur, Advocate for the applicant. Shri T. A. Mirza, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : OCTOBER 10, 2016 Heard.

The victim is a woman of about 38 years of age and the accused is a man of about 50 years of age. Both of them are related to each other as being the cousins. The allegation is that the applicant exploited the relationship by administering some substance to the victim because of which the victim became unconscious temporarily and in that state, the applicant committed sexual intercourse with her.

The case papers, however, do not show stomach wash of the victim was taken. Learned A.P.P. for the State states that the reason being that the substance was administered about one year prior to filing of the report and after that incident, the investigating officer came across some material which disclosed that there was further sexual contacts between the victim and this applicant.

In view of the above, I find that this is a fit case for grant of bail. The application is allowed and it is directed that the applicant be released on bail on his furnishing a P. R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like amount on the conditions that he shall regularly attend the court proceedings on the dates fixed in the matter, shall cooperate with the Court in expeditious disposal of the case and shall not tamper with the prosecution witnesses.

Hamdast is granted.

JUDGE JUDGE wwl

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