Prasad Veerbhadra Devednye v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3958 OF 2024 Prasad Veerbhadra Devednye ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Mr. Shailesh Kharat a/w Mr. Tanmay Kate, Advocate for the Applicant.
Mr. Swapnil Walve, A.P.P. for the Respondent No.1 - State. Mr. Jayesh Rathod, for Respondent No.2/Victim. ....
CORAM
:
N. R. BORKAR, J.
DATE :
2nd APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 439 of 2022 registered at Wanawadi Police Station, District : Pune for the offences punishable under Sections 376(2)(i)(j), 376 (3), 354-A of the Indian Penal Code and Sections 4, 5(j)(2) (l) (q), 6, 7, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.
3.
The present applicant is the accused No.2 in the
aforesaid crime. According to the prosecution, in the year2022, the applicant took the victim to isolated places on one or the other pretext and committed forcible sexual intercourse with her. Similar allegations are there against the accused No.1.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant has drawn my attention to the order passed by this Court dated 04.09.2023 in Bail Application No.910 of 2023. By the said order, this Court has released the accused No.1 on bail. The learned counsel for the applicant submits that the allegations against the applicant and accused No.1 are similar.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that considering the nature of offence, the applicant may not be released on bail. 7.
I have perused the statements of the victim. The victim in her statement recorded on 21.10.2022 has not made any allegations against the applicant. Even otherwise the allegations against the present applicant and accused No.1
appears to be identical. In that view of the matter, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 439 of 2022 registered at Wanawadi Police Station, District : Pune for the offences punishable under Sections 376(2)(i)(j), 376 (3), 354-A of the Indian Penal Code and Sections 4, 5(j)(2) (l) (q), 6, 7, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday of the month between 11:00 a.m. to 1:00 p.m. till conclusion 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 so as to dissuade him from disclosing the facts to Court or any Police Officer;
(v) On being released on bail, the applicant shall
furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change;
(vi) The applicant shall not establish any contact with the victim;
(vii) Application stands disposed of accordingly.
(N. R. BORKAR, J.)