Pravin Haridas Jare v. The Senior Inspector Police Sangola Police Station And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3769 OF 2022 Pravin Haridas Jare ...

Applicant V/s.

The Senior Inspector Police Sangola Police Station and Anr.

...

Respondents ------------------- Mr. Vikrant Phatate with Mr. Vishal Waghela , for the applicant. Mrs. Geeta Mulekar, APP, for the Respondent/State. ---------------------

CORAM

:

ANIL S. KILOR, J.

DATE :

19TH JUNE, 2024.

VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2024.06.20 09:56:07 +0530 PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.260 of 2022, registered with Sangola Police Station, Solapur Gramin for the offences punishable under Sections 376, 354D, 500, 506 of the Indian Penal Code, (for short, 'IPC') and Section 66 (e), 67, 67(a) of the Information Technology Act, 2008 (for short, 'IT'). 3.

From the allegations made in the FIR, prima facie, it appears that there was a consensual physical relationship between the applicant and the victim. Furthermore, the mobile phone of the

applicant has already been seized by the police, considering the allegations that he had made photographs of the victim viral. 4.

In this case the charge-sheet has already been filed after completion of the investigation and considering the period of incarceration, which is about two years, I am of the opinion that further custody of the applicant is not necessary. 5.

As far as apprehension expressed by the learned APP that if the applicant is released on bail, he may pressurize the witnesses or tamper the evidence of the prosecution is concerned, the same can be addressed by imposing certain conditions:

O R D E R

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.260 of 2022, registered with Sangola Police Station, Solapur Gramin for the offences punishable under Sections 376, 354D, 500, 506 of the Indian Penal Code, (for short, 'IPC') and Section 66 (e), 67, 67(a) of the Information Technology Act, 2008, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall not enter into the territorial jurisdiction of village-Sangola, District-Solapur and village-Atpadi, District-Sangli till the conclusion of the trial.

iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

v) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition if the applicant commenced similar offence.

vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

6.

The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)