Smt. Preeti W/O. Nilesh Gajbhiye(In Jail) v. State Of Maharashtra, P.S.O. Crime Branch Thr. Ganeshpeth P. S.

ba964.18.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.964 OF 2018 (Smt. Preeti w/o Nilesh Gajbhiye Vs. State of Maharashtra thr. PSO Crime Branch, Nagpur thr. PSO PS Ganeshpeth, Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Yogesh Nayyar, Advocate for Applicant.

Shri V.P. Gangane, APP for Non-Applicant/State. CORAM: M.G. GIRATKAR, J.

DATE: 7 th FEBRUARY, 2019.

Heard Shri Nayyar, Advocate for the applicant. 2] The matter was heard by this Court on 31.08.2018 and passed the order as under:

"The learned Counsel for Applicant, upon instruction, makes a motion for withdrawal of the present Bail Application.

2.

Criminal Bail Application stands dismissed as withdrawn with liberty to approach afresh before the learned Special Court after the arrest of Sonali Pradeep Ramteke, the co-accused."

3] Sonali Pradeep Ramteke is not arrested till today, as per the submission of learned APP. Police machinery may not arrest Sonali Ramteke for years together that does not mean that present applicant is not entitled for bail. The offence punishable under section 370(A) of IPC read

ba964.18.O.odt with 4, 8, 12 of POCSO Act, 2012 read with 3, 4, 5, 6 and 7 of the Prevention of Immoral Traffic Act. Applicant is in jail since 10.03.2018. Shri Nayyar, learned Advocate has submitted that she is a lady aged about 32 years. Looking to the submission following order is passed.

[i] The application is allowed.

[ii] The applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount on following conditions.

[a] The applicant shall not tamper the evidence of prosecution witnesses.

[b] The applicant shall not leave the jurisdiction of trial Court without prior permission.

[c] The applicant shall attend the trial Court on each and every date.

[d] Breach of any condition amounts to cancellation of bail.

Hamdast granted.

JUDGE NSN