Abhishek S/O. Vishwanath Pavade (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Mangarulpir Dist. Washim

BA765-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (BA) No.765/2018 (Abhishek Vishwanath Pavade .vs. State of Maharashtra through PSO PS Mangarulpir, Dist. Washim ) ------------------------------------------------------------------------------------------------- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.P. Tathod, Advocate for Applicant.

Mr. M.K. Pathan, APP for Respondent.

CORAM : NITIN W. SAMBRE, J.

DATED : AUGUST 20, 2018.

The applicant, who is aged about 24 years, is in custody since 08.01.2018 in connection with Crime No.9/2018 registered with Mangrulpir Police Station against the applicant and three others for offences punishable under Sections 341, 342, 376(2), 376-D, 323, 506 and 120-B of the Indian Penal Code and Sections 3(a), (4) , 5(1) and 5(g) of the Protection of Children from Sexual Offences Act, 2012.

Having heard Shri Tathod, learned counsel for the applicant-accused and learned APP Shri Pathan, what is noticed is main accused Ajay is already ordered to be released on bail by this Court on 27.07.2018. Sofar as other co-accused are concerned, they are already ordered to be released on bail as the charge sheet in the matter upon completion of investigation is already filed.

The only material available on the record is that of the statement of the victim girl, who claimed that the applicant has also committed a similar type of

BA765-18.odt crime like that of the main accused Ajay, however the gravity of crime alleged against the present applicant as compared to the role attributed to main accused Ajay appears to be of some what lesser gravity.

In that view of the matter, in my opinion, the applicant deserves to be released on bail.

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.

The applicant shall attend the dates of hearing and shall cooperate for the expeditious disposal of the trial.

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

JUDGE halwai