Raju Avghadi Bandgar v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.860 OF 2024 Raju Avghadi Bandgar ...
Applicant V/s.
State of Maharashtra & Anr.
...
Respondents ------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.09.03 18:38:35 +0530 Mr. Niranjan Mundargi I.by Ms. Keral Mehta, for the applicant. VARSHA DEEPAK GAIKWAD Mr. Sameer Mangaonkar, APP, for the Respondent / State. Ms. P.S. Potdar, for the respondent No.2.
---------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
2ND SEPTEMBER, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.393 of 2023, registered with Kagal Police Station, Kolhapur for the offences punishable under Sections 376 (2) (F), 376 (I), 376 (1) (N) and 506 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from of Sexual Offences (for short, 'POCSO Act'). 3.
Having gone through the charge-sheet and the relevant material collected by the IO, particularly the medical evidence, it is evident that the prosecution is story of the penetrative sexual assault,
which prima facie not supported by the medical evidence. Thus, it creates doubt about the case of the prosecution. The applicant is in jail since last more than one year and in the meantime, the charge-sheet has been filed.
4.
In the circumstances, though the learned APP and the learned counsel for the respondent no. 2-victim are opposing the application, I am of the opinion that this is a fit case for grant of bail. 5.
As far as apprehension of the learned APP and the learned counsel for the respondent no. 2 is concerned that, if the applicant is released on bail he may pressurize the prosecution witnesses, the same can be addressed by imposing certain stringent conditions. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed of; (ii) It is directed that the applicant shall be released on bail in Crime No.393 of 2023, registered with Kagal Police Station, Kolhapur for the offences punishable under Sections 376 (2) (F), 376 (I), 376 (1) (N) and 506 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from of Sexual Offences, 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 the Kagal, District: Kolhapur, till the conclusion of the trial;
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend on 1st day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial; v) 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;
vi) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;
vii) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.
(ANIL S. KILOR, J)