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Bombay High CourtBA/1119/2019allowed

Urmila Duryodhan Umbarkar v. State Of Mah., Thr. P.S.O. Ps Borgaon Manju Dist Akola

2019-12-10Hon'Ble Shri Justice V.M. Deshpande2 pages

ba1119.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1119/2019 Urmila Duryodhan Umbarkar .vs. State of Maharashtra through PSO P.S. Borgaon Manju, Tq. 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. A. S. Siddiqui, Advocate for applicant.

Mr. S. M. Ghodeswar, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : DECEMBER 10, 2019 Heard Mr. Siddiqui, learned counsel for applicant and Mr. Ghodeswar, learned A.P.P. for non applicant-State. Also perused the reply and the charge-sheet.

The applicant was arrested on 28.06.2019 by Police Station Officer, Borgaon Manju, Akola in connection with Crime No.208/2019, for an offence punishable under Sections 376, 376 (3), 342 read with Section 34 of the Indian Penal Code, Sections 4 and 6 of the Protection of Children From Sexual Offences Act and Section 6 of the Prevention of Child Marriage Act.

Applicant is mother of co-accused Nitin, against whom the main allegation of penetrative sexual assault are made. The report is lodged by victim herself. The report would show that role of applicant is that she insisted that the victim should remain in the room with the co-accused person, after the applicant leaves the said room. Thereafter the co-accused Nitin has committed sexual assault on victim.

ba1119.19.odt Since, investigation is over and charge-sheet is already filed and applicant is a lady, I am of the opinion that the applicant can be released on bail. Hence, I pass the following order.

ORDER

(i) The application is allowed.

(ii) Applicant-Urmila Duryodhan Umbarkar be released on bail in connection with Crime No.208/2019, registered with Police Station, Borgaon Manju, Tq. Dist. Akola, for an offence punishable under Sections 376, 376(3), 342 and 34 of the Indian Penal Code, Sections 4 and 6 of the Protection of Children From Sexual Offences Act and Section 6 of the Prevention of Child Marriage Act The application is disposed of.

JUDGE kahale