Aakash S/O Keshav Salame And Another v. State Of Mah., Thr. Pso Devlapar Dist Nagpur

ba926.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 926 OF 2019 Aakash s/o Keshav Salame .Vs. State of Maharashtra,through P.S.O, P.S. Devlapar, Dist. Nagpur.

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

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. A.Z. Gharde, Advocate for applicant.

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

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

Applicant is arrested in connection with Crime No.212/2019 registered with Police Station, Devlapar, Dist. Nagpur for an offence punishable under Section 376 (D) of the Indian Penal Code.

In this case the investigation is over and chargesheet is already filed. According to the prosecution case as it is discloses in the reply, when the complainant/victim was returning home on 18.06.2019 in the evening time she was lifted by the present applicants and she was taken her near water stream and committed forcible sexual intercourse. The reply would show that victim was medically examined. The medical report mentioned that there are no signs of use of force anywhere.

ba926.19.odt In that view of the matter, when the investigation is already over and charge-sheet is already filed and the applicants are only 19 and 18 years old, they need not continue their custodial presence. Consequently, I pass following order :

ORDER

(i) The application is allowed.

(ii) Applicant no.1 Aakash s/o Keshave Salame and applicant no.2- Shubham s/o Gyanrao Dhurve, be released on bail in connection with Crime No.212/2019 registered with Police Station, Devlapar, Dist. Nagpur for an offence punishable under Section 376 (D) of the Indian Penal Code, on they executing P.R. Bond in the sum of Rs.10,000/- each, with one solvent surety each in the like amount. (iii) The applicants are directed to attend Police Station, Devlapur, Dist. Nagpur twice a month i.e. on first Sunday and third Wednesday, every month and shall be with the investigating officer, until culmination of trial. (iv) The applicants shall not tamper with the prosecution evidence.

The application is disposed of.

JUDGE srwagh