Amit S/O Anil Trupkane (Jail) v. State Of Mah., Thr. Pso P S Ramdas Peth Dist Akola

ba909.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.909 OF 2019 Amit s/o Anil Trupkane .Vs. State of Maharashtra,through P.S.O, P.S. Ramdaspeth, Tal. and Dist. Akola.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. A.S. Londhe, Advocate for applicant.

Mr. V.A. Thakare, A.P.P. for non applicant- State. CORAM : V. M. DESHPANDE, J.

DATED : OCTOBER 18, 2019 Heard Mr. Londhe, learned counsel for applicant and Mr. Thakare, learned Additional Public Prosecutor for non applicant-State.

Applicant is arrested on 09.07.2018 in connection with Crime No.199/2019 registered with Police Station, Ramdaspeth, Tal. and Dist. Akola for an offence punishable under Sections 376 (2)(n), 417, 294, 109 of the Indian Penal Code.

The investigation is over and charge-sheet is already filed. First information report dated 17.05.2019 was lodged by the victim herself. As per report, her marriage took place in the year 2006 with Vishnu and from the wedlock she delivered a daughter and a son. However, there was marital dispute in between her and her husband. In that, she was assaulted and was thrown out of her matrimonial house. Therefore, she was residing at Sidharthnagar, Akola. She has further stated in her written

ba909.19.odt report that the present applicant was knowing the dispute between her and her husband, he allured her and thereafter he committed sexual intercourse with her.

Looking to the nature of accusations made in the first information report and especially when investigation is over, in my view, custodial presence of the present applicant is not at all necessary. Resultantly, I pass following order :

ORDER

(i) The application is allowed.

(ii) Applicant- Amit s/o Anil Trupkane, be released on bail in connection with Crime No.199/2019 registered with Police Station, Ramdaspeth, Tal. and Dist. Akola for an offence punishable under Section 376 (2)(n), 417, 294, 109 of the Indian Penal Code, on he executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant is directed to attend Police Station, Ramdaspeth, Akola twice a month i.e. on third Monday and fourth Tuesday of every month until culmination of trial. (iv) The applicant shall not cause any prejudice to any prosecution witness.

JUDGE srwagh