Gaurav S/O Ganeshrao Belsare (In Jail) v. The State Of Maharashtra, Through P.S.O. Paratwada, Amravati

ba817.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Application (BA) No. 817/2015 Gourav Ganeshrao Belsane ..vs.. State of Maharashtra, through PSO P. S. Paratwada, Tq. Achalpur, Dist. Amravati.

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

and Registrar's Orders.

Mr. S. V. Sirpurkar, Advocate for applicant.

A.P.P. for State.

CORAM : A. B. CHAUDHARI, J.

DATED : NOVEMBER 23, 2015 Heard learned counsel for rival parties. Perused the FIR as well as statements of the witnesses. The applicant was arrested in Crime No.199/2015 registered with Police Station, Paratwada, Dist. Amravati for an offence punishable under Sections 376 (2) (N), 506 and 417 of the IPC and Section 4 of the POCSO Act on 18.06.2015 and since then he is in jail.

Upon perusal of the case papers and statements, it clearly appears that the marriage of girl with the present applicant was almost finalized, however, for one or the other reason, the FIR came to be lodged against him. It thus clearly appears that the proposal for the marriage of the victim girl with the applicant would have been crystalized. The applicant being in jail since 18.06.2015, I think, by taking sufficient care he should be released on bail.

Hence, I make the following order.

ba817.15.odt

ORDER

(i) Criminal Application No.817/2015 is allowed.

(ii) The applicant-Gaurav s/o Ganeshrao Belsare, be released on bail on his furnishing P. R. Bond in the sum of Rs.20,000/- with one surety in the like amount in relation to Crime No.199/2015 registered with Police Station, Paratwada, Dist. Amravati for an offence punishable under Sections 376 (2) (N), 506 and 417 of the IPC and Section 4 of the POCSO Act.

(iii) The applicant shall not tamper with the prosecution evidence.

(iv) The applicant shall not enter the village Kavitha where the prosecutrix, her parents and witnesses reside and shall keep himself away from them. (v) The applicant shall attend Police Station, Paratwada on last Sunday of every month.

JUDGE kahale