Bombay High CourtBA/1027/2016allowed

Ajay S/O Wasudeo Kajbe (In Jail) v. State Of Maharashtra, P.S.O. Manora, Washim

2017-03-29Hon'Ble Shri Justice Sunil B. Shukre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 1027 if 2016 Ajay v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Saurabh choudhari, Advocate for applicant Shri M. K. Pathan, Advocate for respondent-State Coram : S. B. Shukre, J Dated : March 29, 2017 Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State.

Though it is alleged that at the time of incident the prosecutrix was aged about 17 years, from the material available on record at this stage it appears that the possibility of the prosecutrix having understood the consequences of her conduct, cannot be rejected. The applicant is in jail since 4 th May 2016 and as submitted by learned counsel for the applicant, the trial is yet to commence. The applicant is also a young person, aged about 23 years.

In these circumstances, I am of the view that now this application can be allowed.

Application is allowed and it is directed that the applicant shall be released on bail in Crime No. 117/16 registered with Police Station, Manora, District Washim for the offences punishable under Sections 363, 366, 376, 506 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Children from Sexual Offences Act upon his furnishing PR Bond of Rs. 20,000/- together with one solvent surety in the like sum, on the following conditions:

(i) Applicant shall regularly attend the trial Court on

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(ii) Applicant shall not tamper with prosecution evidence in any manner whatsoever, Application is disposed of.

JUDGE joshi