Khushal S/O Namdeorao Nikure v. The State Of Mah., Thr. Pso Ps Amgaon Dist Gondia

ba741.19 26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.741/2019 Khushal s/o Namdeorao Nikure ..vs..

The State of Mah., thr. its PSO PS Amgaon, District Gondia ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri Tejas Deshpande, Counsel for the Applicant. Shri M.J.Khan, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 28, 2019.

1.

Heard learned counsel Shri Tejas Deshpande for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for the State.

2.

The applicant is arrested on 18.7.2019 in connection with Crime No.232/2019 registered with Amgaon Police Station, District Gondia for offences under Sections 376(2)(n) and 354-D of the Indian Penal Code and under Sections 4 and 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

I have perused reply filed on behalf of the Sate. 4.

The present application is filed prior to filing of the chargesheet 5.

As per reply, victim is a meritorious girl who secured 76% of marks in 10th Std. and she is partially blind. According to the reply, she developed acquaintances with co- .....2/-

ba741.19 26 accused Pradip who is also partially blind person resulting into sexual intercourse between them. According to the prosecution, the applicant who is also a partially blind person demanded sexual favour from victim.

6.

Looking to fact that the applicant is partially blind person and investigation is almost over and only ministerial act of filing of chargesheet is remained to be done, in my view, discretion can be exercise in favour of the present applicant. That leads me to pass following order:

ORDER

(i) The criminal application is allowed.

(ii) Applicant-Khushal s/o Namdeorao Nikure, be released on bail on his executing a P.R.Bond in the sum of Rs.5000/- with one solvent surety of the like amount.

(iii) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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