Sagar @ Swapnil Jalindar Jogdand v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3359 OF 2024 Sagar @ Swapnil Jalindar Jogdand ...Applicant V/s.

State of Maharashtra & Anr.

...Respondents.

..............

Mr. Yash Arora a/w. Mr. Vishal Bhogle for the Applicant. Mrs. G.S. Rao, APP for the Respondent/State.

Mr. Gaurav Mankar for the Respondent No.2.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

02.04.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.33 of 2023 registered at Kharghar Police Station, Navi Mumbai for the offences punishable under Sections 363, 376(2) (i) and 506 of the Indian Penal Code and Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act.

3.

The allegations against the applicant are that he made the victim to elope with him, though he was aware that she is minor. It is alleged that he made her to drink some intoxicating substance and then committed forcible sexual intercourse with her. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State and the learned counsel for 1/3

the respondent No.2/victim.

5.

Learned counsel for the applicant has drawn my attention to the statement of victim recorded under Section 161 of the Cr.P.C . dated 4.3.2023. In the said statement the victim has stated that she was in love relationship with the applicant and their physical relations were consensual.

6.

Learned APP for the respondent/State and the learned counsel for the respondent No.2/victim submits that there is one more crime against the applicant for similar offences as earlier also the victim was subjected to forcible sexual intercourse. 7.

The applicant is in jail for 2 years. Considering the statement of the victim dated 4.3.2023, 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 C.R. No. 33 of 2023 registered at Kharghar Police Station, Navi Mumbai for the offences punishable under Sections 363, 376(2) (i) and 506 of the Indian Penal Code and Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act 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.

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C] The applicant shall not enter into the corporation limits of Navi Mumbai and District Raigad, except to attend the dates before the trial Court, till conclusion of the trial. D] The applicant shall not contact the victim.

[N.R.BORKAR, J.] 3/3