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Bombay High CourtABA/790/2019allowed

Dhanraj S/O Gajanan Ingle v. State Of Mah., Thr. P.S.O Tq Balapur Dist Akola

2019-12-09Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 790 OF 2019 Dhanraj s/o Gajanan Ingle .Vs. State of Maharashtra through PSO P.S. Balapur, Tq. Balapur, 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. Sagar Katkar, Advocate for applicant.

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

DATED : DECEMBER 09, 2019 Heard Mr. Katkar, learned counsel for the applicant and Mr. Rode, learned Additional Public Prosecutor for non applicant-State. Also, perused the reply filed on behalf of the prosecution.

The applicant is apprehending his arrest in connection with Crime No.415/2019 registered with Police Station, Balapur, Tq. Balapur, Dist. Akola for an offence punishable under Sections 354-A, 354-D of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act.

As per prosecution case, the victim is a girl aged about 16 years, who lodged a report stating therein that on the day of incident i.e. 16.10.2019 when she was approaching to her tuition class, the applicant caught hold her hand, tried to hug her and tried to outrage her modesty. Reply filed by the learned Additional Public Prosecutor for the State would show that applicant has

attended the police station as per direction given by this Court by order dated 25.11.2019 and already seized his vehicle i.e. Scooty. Further, the investigation is over and only formality of filing of the charge-sheet is remained to be done.

In that view of the matter, applicant can be released on bail however on imposing certain conditions upon him. Resultantly, I pass the following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.415/2019 registered with Police Station, Balapur, Tq. Balapur, Dist. Akola for an offence punishable under Sections 354-A, 354-D of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, applicant - Dhanraj s/o Gajanan Ingle, be released on bail on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount. (iii) Applicant is directed to attend Police Station, Balapur, Tq. Balapur, Dist. Akola twice a week i.e. on every Thursday and Sunday and shall be with the investigating officer from 11:00 a.m. to 05:00 p.m., until culmination of the trial.

(iv) The applicant is directed to stay outside the village Bhikunkhed, till culmination of trial. (v) The applicant is directed to furnish his residential address to the investigating officer.

(vi) If the investigating officer or the complainant notice that the applicant has tried to enter into the territorial limits of village Bhikunkhed then the prosecution will be entitled to file an application for cancellation of bail. The application is disposed of.

JUDGE srwagh