Sunil Sadashiv Mali v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3677 OF 2024 Sunil Sadashiv Mali ...

Applicant V/s.

The State of Maharashtra and Anr.

...

Respondents ------------------- Mr. Aditya Raktade with Aarti Shah and Sachin Shete, for the applicant.

Ms. S.M. Yadav, APP, for Respondent/State Mr. Anup Kamble h/f Dnyanesh Patil, for Respondent no. 2. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.10.14 18:15:07 +0530 VARSHA DEEPAK GAIKWAD DATE :

11TH OCTOBER, 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.200 of 2024, registered with Hupri Police Station, Kolhapur for the offences punishable under Sections 376(2) (n), 376-D, 354, 354-A(2), 354-D, 323, 506, 509 r/w 34 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000.

3.

In the present matter the allegations against all the accused persons are the same. It is alleged that individually all the accused

persons on different occasions established physical relations with the victim against her wish. Except the applicant all other co-accused persons have been released on bail by the Sessions Court. 4.

Thus, considering the allegations made against the coaccused who have been released on bail, principles of party would apply to the present case. Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.200 of 2024, registered with Hupri Police Station, Kolhapur for the offences punishable under Sections 376(2) (n), 376-D, 354, 354-A(2), 354D, 323, 506, 509 r/w 34 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the Police Station on 1st day of each month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial; iv) 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;

v) Liberty is granted to the State to apply for cancellation of bail in case of the applicant commits similar offence;

vi) 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)