Narendra Virendra Pal @ Baghel v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2681 OF 2019 Narendra Virendra Pal @ Baghel ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Sachin H. Deokar, Advocate for the Applicant. Mr. H. J. Dedhia, APP for the Respondent - State. .....

CORAM :

PRAKASH D. NAIK, J.

DATE : 17th February, 2020 PC :

1.

This is an application for bail in connection with C.R. No. 371 of 2019 registered with Solapur Taluka Police Station, Dist. Solapur for offences punishable under Sections, 363, 366, 354(D), 376 of Indian Penal Code and Section 4, 8 & 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). 2.

The applicant was arrested on 2nd June, 2019. The FIR was lodged on 22nd May, 2019 under Section 363 of Indian Penal code by the mother of the victim. It is alleged that on 21st May, 2019 the victim has left the house with the applicant/accused. It is alleged that she was enticed by the accused with promise of marriage. Subsequently, the victim was traced and her statement was recorded.

2 of 3 33-BA-2681-2019.doc On completing investigation, charge-sheet has been filed. 3.

The counsel appearing for the applicant submitted that victim and the applicant were in relationship. The victim has left the house on her own and joined the applicant at Daund Railway Station. Thereafter both of them went to Zhanshi and stayed together with the parents of the applicant for a period of 10 days. There was physical relationship between them.

4.

Learned APP submitted that the victim is minor. Provisions of POCSO are invoked in this case. The victim is aged about 15 years. Apparently she had voluntarily left the house and joined the applicant. They were in love with each other. Considering the facts of this case, on certain terms and conditions bail can be granted to the applicant.

5.

Hence, I pass the following order :

O R D E R

i) Bail Application No. 2681 of 2019 is allowed; ii) The applicant is directed to be released on bail in connection with C.R. No. 371 of 2019 registered with Solapur Taluka Police Station, on furnishing P.R. bond in the sum of Rs. 25,000/- with one or

3 of 3 33-BA-2681-2019.doc more local sureties in the like amount;

iii) The applicant shall report concerned police station once in a month on every first Saturday between 11.00 a.m. to 1.00 p.m. till further order. iv) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)