Sagar Narayan Kute (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Malegaon Dist. Washim

ba1231.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.1231/2017 Sagar Narayan Kute ..vs.. State of Maharashtra through PSO P.S. Malegaon, Dist. Washim.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. V. B. Gawali, Advocate for applicant.

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

DATED : DECEMBER 20, 2017 1.

Heard Mr. V. B. Gawali, Advocate for applicant and Mr. T. A. Mirza, A.P.P. for non applicant-State. 2.

This is an application for grant of regular bail. The applicant is arrested in connection with Crime No.279/2017 registered with Police Station, Malegaon, Tq. Malegaon, Dist. Washim for an offence punishable under Sections 366-A, 376 (2) (i) of the Indian Penal Code and Section 3 (1) (12), 3 (1) (w) (i) (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 4 of the Protection of Children From Sexual Offences Act, 2012.

3.

The investigation is already over. The chargesheet is also filed in the matter. The applicant is arrested on 23.07.2017 and since then he is in jail.

ba1231.17.odt 4.

Looking to the nature of accusation made in the FIR and looking to the fact that the charge-sheet is already filed on record and the applicant is only 20 years of age, in my view, further custodial presence of the applicant is not warranted. Hence, following order is passed.

ORDER

(i) Criminal Application No 1231/2017 is allowed. (ii) Applicant-Sagar Narayan Kute, be released on bail in connection with Crime No.279/2017 registered with Police Station, Malegaon, Tq. Malegaon, Dist. Washim for an offence punishable under Sections 366-A, 376 (2) (i) of the Indian Penal Code and Section 3 (1) (12), 3 (1) (w) (i) (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 4 of the Protection of Children From Sexual Offences Act, 2012, on he executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

(iii) The applicant shall attend the sessions case and shall extend full cooperation to the learned Judge who will be trying the said sessions case.

(iv) The applicant shall not extend any types of threats to the victim as well as prosecution witnesses. JUDGE kahale