Sunny Namdev Nidhan v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CRIMINAL BAIL APPLICATION NO.4021 OF 2024 VASANT ANANDRAO IDHOL Date: 2024.10.19 15:48:09 +0530 Sunny Namdev Nidhan ...Applicant V/s.

The State of Maharashtra & Anr.

..Respondents Mr.Amit Icham i/b Mr.Chaitanya Purankar for the Applicant. Ms.Poonam Bhosale, APP for the State - Respondent. Mrs.Rahi Sunil Adhari (mother) of the Informant present. Ms.Payal Sunil Adhari (Victim) present.

CORAM : ANIL S. KILOR, J.

DATE : 18 TH OCTOBER , 2024.

P.C. :- 1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.29 of 2023 registered with Kondhwa Police Station, for the offences punishable under Section 376(3) read with Section 34 of the Indian Penal Code, 1860 and under Sections 4, 6, 8, and 12 of 1/4

the POSCO Act.

3.

I have gone through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation wherefrom, it is evident that there is a love affair between the applicant and victim and they want to marry. 4.

The victim is personally present today in Court and she has been identified by the learned APP. She maintains her statement that she wants to marry with the Applicant. 5.

The learned counsel for the Applicant points out that the mother of the Applicant is also present in Court and she has also admitted the fact that the Applicant wants to marry the victim.

6.

Be that as it may, from the material collected by the Investigating Officer, it is evident that the Applicant is in jail from last more than one and half years and in the meantime, the charge-sheet has been filed.

7.

Considering the nature of the allegations and the material collected by the Investigating Officer available on record, I am of the opinion that further custody of the Applicant 2/4

is not required. In the circumstances, though, the learned APP strongly opposed the application, I pass the following order.

ORDER

i).

The Bail Application is allowed;

ii).

It is directed that the Applicant shall be released on bail in Crime No29 of 2023 registered with Kondhwa Police Station, for the offences punishable under Section 376(3) read with Section 34 of the Indian Penal Code, 1860 and under Sections 4, 6, 8, and 12 of the POSCO Act on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii).

The Applicant shall attend the said Police Station on 1st day of every month between 12.00 noon to 2.00 p.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 3/4

acquainted with the facts of the case, as also not tamper with the evidence;

v).

Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence; vi).

The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.

vii). Application stands disposed of, accordingly. (ANIL S. KILOR, J.) 4/4