Vilas S/O Deoram Tumsare v. The State Of Maharashtra Through Pso Ps Lakhani Dist Bhandara And Another

2025:BHC-NAG:6337 981appln16.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPLN) NO. 16 OF 2025 Vilas s/o Deoram Tumsare Vs State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.R. Saxena, counsel for applicant.

Mr. N.B. Jawade, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/07/2025.

1.

By this application, the applicant is seeking relaxation of bail condition imposed on the applicant.

2.

The applicant was arraigned as an accused in connection with Crime No. 89/2022 registered with Police Station Lakhani, District Bhandara, for the offence punishable under Sections 376(1), 376(2) (n), 376(3) and 354(A) of the Indian Penal Code; and Sections 4,6, 8 of the Protection of Children from Sexual Offences Act, 2012. While releasing the applicant on bail, the condition was imposed that he shall not enter into the jurisdiction of the concerned police station.

3.

Learned counsel for the applicant submitted that, since the victim is residing at Nagpur, there is no question of tampering with the witnesses arise. rkn

981appln16.2025.odt Moreover, her evidence is already recorded. In view of that, the condition is hereby cancelled.

4.

Learned APP strongly opposed the said application on the ground that there is apprehension of tampering of the prosecution witnesses.

5.

Considering the reasons mentioned in the application, now it is not necessary to continue the said condition, as the victim is now residing at Nagpur, which is revealed from her evidence, which is recorded before the Special Court.

6.

In view of that condition imposed that the applicant shall not enter into the jurisdiction of the concerned police station is hereby cancelled. 7.

The applicant shall follow the other conditions, which are imposed by this Court.

Criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.] rkn