Dyaneshwar S/O Bansi Ramteke (In Jail) v. State Of Maharashtra, Thr. P.S.O. P.S. Lalkhed, Amravati

ba765.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.765/2017 Dyaneshwar s/o Bansi Ramteke (In Jail) ..vs.. State of Maharashtra thr. PSO P.S. Ladkhed, Tq. Darwha, Dist. Yavatmal.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. L. Jadhav, Advocate for applicant.

Mr. J. Y. Ghurde, A.P.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED :

AUGUST 29, 2017 Heard Mr.M.L. Jadhav, Advocate for applicant and Mr. J.Y.Ghurde, A.P.P. for non applicant-State. This is an application under Section 439 of the Code of Criminal Procedure for grant of regular bail. The investigating agency has already completed its entire investigation and challan is already presented in the court of law vide Final Report No.53/2017. The applicant is arrested in connection with Crime No. 53/2017 registered with Police Station, Ladkhed, Dist. Yavatmal for an offence punishable under Section 354 (A) (1) of the Indian Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences Act. The FIR is lodged by the victim. In the FIR, from the date of birth as given by the victim herself, prima facie it appears that her age is about 16 years. Looking to the nature of accusation made against the present applicant, who is 75% blind person, I am of the view that further custodial presence of the present applicant is not

ba765.17.odt necessary in view of the fact that the charge-sheet is already filed.

In that view of the matter, following order is passed.

ORDER

(i) Criminal Application No.765/2017 is allowed.

(ii) The applicant-Dyaneshwar s/o Bansi Ramteke is directed to be released on bail in connection with Crime No.53/2017 registered with Police Station, Ladkhed, Dist. Yavatmal for an offence punishable under Section 354 (A) (1) of the Indian Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences Act, on he executing PR Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

(iii) The applicant shall not extend any types of threats to the victim girl nor shall try to pressurize her. If it is noticed by the investigating officer that the applicant is playing with the prosecution case then it will be open for him to file an appropriate application for cancellation of bail.

The application stands disposed of.

JUDGE kahale