Pravin S/O. Kisanrao Rajurkar v. State Of Mah. Thr. Pso, Kholapuri Gate, Amravati, Dist. Amravati And Another.

2023:BHC-NAG:15020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.871 OF 2023 Pravin s/o Kisanrao Rajurkar Vs. State of Maharashtra and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.V. Rai, Advocate for applicant.

Shri V.A. Thakre, APP for non-applicant no.1/State. Ms Mohini Sharma, Advocate appointed for non-applicant no.2. CORAM :

M.W. CHANDWANI, J.

DATE : OCTOBER 12, 2023.

The applicant is seeking bail in connection with Crime No.29/2023 registered with Police Station, Kholapuri Gate, Amravati for the offence punishable under Sections 354, 354A, 294, 509 and 506 of the Indian Penal Code and under Section 12 of the Protection of Children from Sexual Offences Act.

2.

Heard learned counsel for the applicant as well as learned APP assisted by the learned counsel for the victim. I have gone through the charge-sheet.

3.

Perusal of charge-sheet goes to show that on the day of incident i.e. on 02.02.2023 the applicant had given abuses in filthy language to her and her daughter and also threatened the informant. Therefore, on the complaint of informant the aforesaid offence came to be registered against the applicant.

4.

Record shows that earlier also the informant had lodged complaints against the applicant. Even applicant had also lodged complaint against the husband of the informant. Infact, they are neighbours. It appears that the applicant is habitual drunker and used to quarrel with his neighbours. The applicant is behind bars for last more than eight months. The charge-sheet has already been filed. There is is no likelihood that the applicant would flee away from justice. 5.

Considering the nature of allegations against the applicant, a case is made out for exercising discretion in favour of the applicant. So far as apprehension of the learned APP that the applicant being neighbour he will again indulge into similar offence is concerned, I think the applicant can be put on terms. Hence, the following order is passed.

ORDER

i.

The application is allowed.

ii.

The applicant - Pravin s/o Kisanrao Rajurkar, shall be released on bail in connection with Crime No.29/2023 registered with Police Station, Kholapuri Gate, Amravati for the offence punishable under Sections 354, 354A, 294, 509 and 506 of the Indian Penal Code and under Section 12 of the Protection of Children from Sexual Offences Act, on furnishing PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

iii.

The applicant shall not induce, threaten, or promise any witness, who are connected with the alleged crime. iv.

The applicant shall not enter into the territorial jurisdiction of Police Station, Kholapuri Gate, Amravati, till conclusion of trial.

v.

The observations made in this order are prima facie. The trial Court shall not get influenced by the observations made in this order.

vi.

Professional fees of the learned appointed counsel for non-applicant no.2 be quantified and paid as per Rules. The application is disposed of.

JUDGE Wagh