Ajay S/O. Anil Bansod (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Ramnagar Gondia

BA764-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (BA) No.764 of 2018 (Ajay Anil Bansod .vs. State of Maharashtra through PSO PS Ramnagar, Gondia, Dist. Gondia. ) ------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr.D.V. Mahajan, Advocate for Applicant.

Mr. V.A. Thakre, APP for Respondent.

CORAM : NITIN W. SAMBRE, J.

DATED : AUGUST 20, 2018.

In a Crime No. 349 of 2017 registered with the respondent for an punishable under Sections 363, 366, 341, 376(2)(I) of the Indian Penal Code read with Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012, the applicant is seeking regular bail.

There are no criminal antecedents and the charge-sheet in the matter is already filed as the investigation is over.

Perused the contents of the F.I.R. Victim girl was alleged to have been in love with the present applicant as is stated by her father.

Considering the statement of Shantabai and other witnesses, in my opinion, even if the application for bail is allowed, it will be appropriate to permit the applicant to stay away from the jurisdiction of the Police Station Ramnagar, Gondia.

Apart from above, the statement of the victim girl was recorded on 21.09.2017, wherein she has

BA764-18.odt referred to of having sexual relations with the applicant. However, she has refused to undergo the medical examination so as to confirm the same. The applicant is already in custody for almost about a year. That being so, in my opinion, the application deserves to be allowed. Hence the following order:- (i) The applicant shall be released on bail on furnishing personal bond of Rs.15,000/- with one or two solvent sureties in the like amount.

(ii) The applicant shall stay away from the jurisdiction of the Ramnagar Police Station, Gondia till the conclusion of the trial, but for attending the dates of hearing.

(iii) The applicant shall not tamper with prosecution evidence nor shall attempt to influence the prosecution witnesses in any manner.

(iv) If the applicant tries to jump the aforesaid conditions, the prosecution will be at liberty to move for cancellation of the bail.

JUDGE halwai