Sunita Shivaji Awale v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3662 OF 2024 Vaibhav Murlidhar Kamble ...Applicant
VERSUS
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.4703 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 3662 OF 2024 Sunita Shivaji Awale ...Applicant /Orig. Informant
IN THE MATTER BETWEEN
Vaibhav Murlidhar Kamble ...Applicant
VERSUS
The State of Maharashtra & Anr.
...Respondents
....
Mr. Satyavrat Joshi a/w Mr. Samay Pawar, Mr. Yash Fadtare Adv. Priyesh M., Mr. Aryan Lokhande i/b Adv.Sakshi Mane for the Applicant.
Mr. V. A. Kulkarni, A.P.P. for the Respondent - State. Mr. Wasim Samlewale, Advocate for the Intervenor/ Complainant in Interim Application.
Mr. S. S. Aswale, (PSI), Vishrambag Police Station, present. ....
CORAM
:
N. R. BORKAR, J.
DATE :
27.02.2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.78 of 2024 registered at Vishrambag Police Station, Dist- Sangli
for the offences punishable under Sections 376(2)(b), 506 read with 34 of the Indian Penal Code.
3.
During the relevant period, the victim and the present applicant were working in Civil Hospital Sangli. According to the victim one day in the month of January 2024, the present applicant took her to store room of the hospital and there committed forcible sexual intercourse with her. The similar allegations are there against the coaccused Nikhil Kothwale, who was also working in the said hospital.
4.
The bail is sought on the ground parity. The learned counsel for the applicant in support of the said ground has placed on record the order passed by the Sessions Court dated 09.07.2024 below Exhibit-6 in Session Case No. 110 of 2024. By the said order, the Sessions Court has released the co-accused Nikhil Kothawale on bail. 5.
Considering the fact that the Sessions Court has released the co-accused Nikhil Kothawale on bail against whom the allegations are identical and thus, 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 Crime No.78 of 2024 registered at Vishrambag Police Station, Dist- Sangli for
the offences punishable under Sections 376(2)(b) & 506 r/w 34 of the Indian Penal Code, on furnishing P.R Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one or two sureties in the like amount.
C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.
D] The applicant shall not contact the victim.
E] The applicant shall not tamper with the prosecution evidence.
F] The applicant shall not enter into the limits of Khanbhag, Shantinagar Tal-Miraj, Dist- Sangli, till conclusion of trial.
6.
In view of disposal of the bail application, Interim Application for intervention also stands disposed of. (N. R. BORKAR, J.)