Ajay Pandurang Shingare v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1933 OF 2024 Ajay Pandurang Shingare ...
Applicant V/s.
The State of Maharashtra & Anr.
...
Respondents ------------------- Mr. Vikrant Phatate with Mahesh Arjun I.by Vishal Waghela and Vijay Bendgude, for the applicant.
Ms. Savita Yadav, APP, for the Respondent/State. Ms. Sonali Chavan, for the respondent no.2.
--------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.12 19:02:54 +0530 VARSHA DEEPAK GAIKWAD
CORAM
:
ANIL S. KILOR, J.
DATE :
12TH AUGUST, 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.1079 of 2023, registered with Sangola Police Station, Solapur, for the offences punishable under Sections 363, 366(a), 376(3) of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of the Children from Sexual Offenses Act, 2012 ( POCSO Act).
3.
Having gone through the charge-sheet and the material collected
by the IO during the investigation and more particularly, the medical examination papers of the victim, it is evident that though it is the case of the victim that the applicant committed sexual intercourse with her, the medical examination report does not support the case of the prosecution and therefore, it creates doubt about the case of the prosecution.
4.
In the said backdrop, if the facts namely the charge-sheet is filed and the applicant is in jail from last about 8 months are considered, though the learned APP and the learned counsel for the intervenor are strongly opposing the application, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed;
(ii) It is directed that the applicant shall be released on bail in in Crime No.1079 of 2023, registered with Sangola Police Station, Solapur, for the offences punishable under Sections 363, 366(a), 376(3) of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of the Children from Sexual Offenses Act, 2012, on furnishing P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount; iii) The applicant shall not enter into the territorial
jurisdiction of the Police Station Sangola, Solapur, 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 the said Police Station on 1st and 16th 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 to apply for cancellation of bail in case of any breach of condition if the applicant commenced similar offence;
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
5.
The application is disposed of.
(ANIL S. KILOR, J)