Onkar @ Chikya Gajanan Mahapure v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2444 OF 2024 Onkar @ Chikya Gajanan Mahapure ...Applicant

VERSUS

The State of Maharashtra and Anr.

...Respondents

....

Mr. Raj Kamble a/w Mr. Bhosale D. a/w Mr. Pankaj Dhotre, Advocate for the Applicant.

Mr. Vinod Chate, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

30.01.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 598 of 2023 registered at Vadgaon Police Station, DistKolhapur for the offences punishable under Sections 307, 363, 366, 354-A, 354-D, 452, 506 r/w. 34 of the Indian Penal Code and under Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012. 3.

According to the prosecution, on the date of incident, which took place on 27.09.2023 the applicant came to the

house of the victim and told her that they should elope. It is alleged that as the victim started crying, her grandfather came there and started scolding the applicant. It is alleged that at that time the applicant had taken out the knife and assaulted her grandfather. It is alleged that he then forcibly took the victim to Sangli. According to the victim they were apprehended by the police while they were returning back to the village. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

The learned counsel for the applicant has tendered the Instagram Chats between the present applicant and the victim. It appears from the said chats that there was a love affair between the applicant and the victim. The applicant is in jail for more than one and half year. In that view of the matter, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 598 of 2023 registered at Vadgaon Police Station, Dist- Kolhapur for

the offences punishable under Sections 307, 363, 366, 354-A, 354-D, 452, 506 r/w.

34 of the Indian Penal Code and under Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of Kolhapur District till the conclusion of the trial.

6.

Application stands disposed of in the above terms.

(N. R. BORKAR, J.)