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Bombay High CourtBA/1667/2024application allowed

Ramkishan @ Barkya Ashok Waghmare v. The State Of Maharashtra And Another

2024-10-18Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:25697 1667.2024BA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

933 BAIL APPLICATION NO. 1667 OF 2024 RAMKISHAN @ BARKYA ASHOK WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Menezes Joslyn A. APP for Respondent/State : Mr.G.O. Wattamwar Advocate for Respondent no.2 : Mr.Gaikwad Anil M. ...

CORAM : S. G. MEHARE, J.

DATE :

18th October, 2024.

P.C.:

1.

Heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the victim. 2.

The applicant seeks bail in Crime No.260 of 2024 registered with Kandhar Police Station, Dist. Nanded, for the offences punishable under sections 74, 115(2), 324(4), 352, 351(2), 3(55) of the B.N.S. and section 12 of the Protection of Children from Sexual Offences Act. 3.

The role attributed to the applicant was that he took the co-accused on his bike. On the say of the co-accused, he stopped the vehicle near the victim. Then, the co-accused assaulted her and also cut his hand. So far as the role of the applicant, he was merely present with co-accused. His had love with the victim. Except driving the bike, there are no allegations against the applicant. He did not use any weapon. His fault was that he was silent spectator. Investigation has been completed. Hence, the following order:

1667.2024BA.odt

O R D E R

(i) Bail Application is allowed.

(ii) Applicant RAMKISHAN @ BARKYA ASHOK WAGHMARE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in the above crime for the aforesaid offences, on the following conditions :

(a) The applicant should not tamper with the prosecution witnesses.

(b) He should attend the concerned police station as and when called on the written notice by the Investigating Officer till the filing of the chargesheet.

(c) He should not meet the co-accused till filing of the chargesheet.

(S.G. MEHARE, J.) sga