Devidas Nilkanth Bhoyar (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Gadchiroli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 863 of 2015 [Devidas Nilkanth Bhoyar Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R.S. Kurekar, Adv., for the Applicant.

Mr. H.R. Dhumale, APP for respondent.

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CORAM

:

A. B. CHAUDHARI, J.

DATE :

10th December, 2015.

Heard learned counsel for the rival parties.

In Crime No. 67/2015 registered with police Station, Gadchiroli, for the offences punishable under Sections 376, 341 and 366 of Indian Penal Code, the applicant is being prosecuted.

Seen the FIR. The prosecutrix is described to be of 19 years of age.

The applicant was arrested on 11th May, 2015. Since then, he is in jail. The investigation by this time

must have been completed and the charge-sheet is said to have been filed.

It is in that context, it would be wholly unnecessary to detain the applicant any further in jail by asking him to be away from Gadchiroli town as such. Learned Counsel for the Applicant states that the applicant would not enter Gadchiroli town till the trial is over, except on the dates of his appearance before the Trial Court. He further makes a statement that he would not apply for modification of this order regarding the prohibition on applicant to enter Gadchiroli town. Statement is accepted.

In that view of the matter, the following order is passed:-

O R D E R

[a] Criminal Application [BA] No. 863 of 2015 is allowed.

[b] Applicant shall be released on bail upon furnishing a Personal Bond in a sum of Rs.

20,000/- [rupees twenty thousand only] with one surety in the like amount.

[c] The applicant shall not enter the limits of Gadchiroli town till the trial is over, except on the dates of his appearance before the

Trial Court.

[d] Applicant shall inform the concerned Police Station where he would reside.

[e] The applicant shall not threaten, pressurize or influence the prosecution witnesses or tamper with the prosecution evidence. Any such act on the part of the applicant shall lead to recall of this order. Judge |hedau|