Ravindra S/O Bhagwan Raut v. The State Of Mah. Thr. Incharge Police Inspector Lonar Ps Dist.Buldhana

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 1308 of 2022 Ravindra Bhagwan Raut

Versus

The State of Maharashtra, through Incharge Police Inspector, Lonar Police Station, Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Pushkar Ghare, Advocate for the applicant. Ms. Shamsi Haider, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 7th DECEMBER, 2022.

The applicant is seeking bail under Section 439 of the Code of Criminal Procedure in Crime No. 0342 of 2022 registered with Police Station Lonar Dist. Buldhana for the offence punishable under Sections 363, 366, 506 of Indian Penal Code.

2.

The prosecution story in short is that one Rajesh Narayan Nagare had lodged the report on 12.10.2022 alleging therein that he is doing agricultural work at Palaskhed and residing with his family. The complainant stated that, the informant is having a daughter namely Ku. Swarupa, aged about 15 years and on 11.10.2022 at about 12.00 to 10.30 O Clock, the informant and his wife were working in their field and

since the informant was not feeling well, so the informant went to his house. The informant further stated that, when informant reached at home, the daughter of informant went to answer the natures call and after some time he received a call on his cell phone, from the other side the daughter of the informant spoke and said that Papa she will come back. After some time, informant made inquiry and came to know that, accused took the daughter of the informant along with him, in white colour four wheeler and went to Lonar. The informant further alleged that, thereafter the informant went to Lonar for searching his daughter but she was not found there. It is further alleged one Dyneshwar Bodke call the accused, at that time accused told that daughter of the informant is with him and they were going to Pune. On the basis of the said allegations the First Information Report came to be registered against the present applicant.

3.

During investigation the co-accused was arrested, he disclosed the name of the applicant and it is stated that he was driving the vehicle at the relevant time. Thereupon the applicant was arraigned as accused.

4.

Thus, from the case diary, it can be seen that the applicant was arraigned as accused on the basis of

statement of co-accused. There is no further investigation or any evidence to connect the applicant with the alleged offence. The car involved in the alleged offence has already been seized by the police. 5.

In the circumstances, considering the nature of allegations and the period of incarceration of the applicant, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, I pass the following order.

i.

Criminal application is allowed;

ii.

It is directed that the applicant shall be released on bail in Crime No. 0342 of 2022 registered with Police Station Lonar Dist. Buldhana for the offence punishable under Sections 363, 366, 506 of Indian Penal Code, on furnishing P.R.Bond of Rs.25,000/- with one solvent surety in the like amount;

iii.

The applicant shall attend the concerned Police Station as and when his presence is required; iv.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not to tamper with the evidence.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.12.07 19:28:09 +0530 SACHINDANAND K NAIR