Sandesh S/O Shivprasad Lihare v. The State Of Maharashtra Through Officer In Charge Ps Gangazari Dist Gondia And Another

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 681 OF 2024 SANTOSH SUBHASH KULKARNI Akshay Ramchandra Saptale ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2024.03.12 19:27:13 +0530 Mr. Mithilesh Mishra, a/w Ms. Keral Mehta, for the Applicant.

Ms. Ranjana Humane, APP for the State/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED:

11th MARCH, 2024 ORDER:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.849 of 2023, registered with Mangalvedha Police Station, Solapur, for the offences punishable under Sections 354, 354A, 354D and 506 read with Section 34 of Indian Penal Code, 1860 ("the Penal Code") and Sections 8, 9 and 12 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO").

3.

By an order dated 21st December, 2023, this Court has granted protection to the co-accused. The learned Counsel 1/3

for the applicant submits that the applicant is similarly circumstanced.

4.

I have perused the allegations in the FIR. Prima facie, the applicant appears to be similarly circumstanced like Ajay Saptale, who has been granted interim bail. I am, therefore, inclined to protect the liberty of the applicant, and hear the application alongwith ABA/3601/2023.

5.

Hence the following order:

: O R D E R :

(I) Issue notice to the respondents, returnable on 16th April, 2024.

(ii) The learned APP waives notice for respondent No.1/State.

(iii) Investigating Officer shall serve respondent No.2 and file report of service.

(iv) In the meanwhile, in the event of arrest of the applicant in CR No.849 of 2023, registered with Mangalvedha Police Station, Solapur, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

2/3

(v) The applicant shall cooperate with the investigation and attend Mangalvedha Police Station on 18th, 19th and 20th March, 2024 in between 10.00 am. to 1.00 pm., and, thereafter, as and when directed by the Investigating Officer.

(iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case.

(iv) Stand over to 16th April, 2024.

To be listed alongwith ABA/3601/2023.

[N. J. JAMADAR, J.] 3/3