Bombay High Court
Sadashiv Bajirao Warule vs The State Of Maharashtra on 12 April, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 368.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 BAIL APPLICATION NO.368 OF 2019
SADASHIV BAJIRAO WARULE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Chatterji Joydeep
APP for Respondent : Mr. S G Karlekar
...
CORAM : V.K. JADHAV, J.
Dated: April 12, 2019
...
PER COURT :-
1. The applicant is seeking regular bail in
connection with Crime No.I-386 of 2018 registered with
Bhingar Camp Police Station, District Ahmednagar for
the offences punishable under sections 363, 376 of IPC
and u/s 3,4,11,12 of POCSO Act. His application with
similar prayer bearing Criminal M.A. No.2373 of 2018
came to be rejected by the learned Additional Sessions
Judge, Ahmednagar.
2. Learned counsel for the applicant submits
that, the applicant is a student of First Year B.Sc.
Studying in Baneshvar Kala, Vanijya and Vidnyan
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Mahavidyalaya, Burhannagar, Tq. & Dist. Ahmednagar.
Learned counsel has placed on record the copy of
Student's Handbook, receipt of annual fees paid to the
college and copy of the student Identity Card alongwith
the school leaving certificate. Learned counsel submits
that investigation is over and charge-sheet has been
submitted. Learned counsel submits that victim has
alleged against the applicant that he had sent SMS and
accordingly she left the house almost at midnight and
thereafter travelled alongwith the applicant at various
places. Victim was almost 16 years and 6 months of
age at the time of the alleged incident. She is having the
age of understanding and it appears from the averments
made in the complaint that there was love affair
between the victim and the applicant. Antecedents of
the applicant are clear. The applicant is in jail since
4.11.2018. His further detention is not necessary.
There is no evidence about the forcible intercourse.
Medical evidence is silent about forcible intercourse. He
may be released on bail.
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3. Learned A.P.P. has strongly resisted the
application on the ground that the applicant has
induced the victim, who is below the age of 18 years,
accordingly kidnapped her and committed rape on her
against her will. Learned APP submits that applicant
has given threats to the victim and accordingly taken
her to various places. The applicant may not be
released on bail.
4. On going through the allegations made in the
complaint and on perusal of the investigation papers,
particularly, the statement of the victim recorded by the
police and also by the Magistrate under section 164 of
Cr.P.C., it appears that in response to the SMS
forwarded by the applicant, victim left the house almost
in the midnight and joined the company of the
applicant. Though, victim is below the age of 18 years,
however, she has almost completed 17 years of age.
Antecedents of the applicant are clear. Investigation is
over and charge-sheet has been submitted. The
applicant is a student of first year B.Sc. Thus, his
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further detention in jail is unwarranted and uncalled
for. The applicant has his roots in the society. The
applicant is easily available for trial. Thus, by imposing
certain conditions, the applicant can be released on
bail. Hence, following order.
ORDER
1. Bail Application is hereby allowed.
2. Applicant Sadashiv Bajirao Walure in connection with Crime No.I-386 of 2018 registered with Bhingar Camp Police Station, District Ahmednagar for the offences punishable under sections 363, 376 of IPC and u/s 3,4,11,12 of POCSO Act be released on bail on furnishing P.B. of Rs.15,000/- (Rs. Fifteen Thousand) with one surety of the like amount on the following conditions :-
a] The applicant shall not tamper with the prosecution evidence in any manner.
b] The applicant shall not make any attempt to meet the victim under any pretext, in any manner, till the conclusion of the trial.
3. Application is accordingly disposed of.
( V.K. JADHAV, J. ) aaa/-
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