Bombay High Court
Jitu Dattu Bhore vs The State Of Maharashtra on 9 November, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:34530
Urmila Ingale 942-ba-2354-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2354 OF 2023
JITU DATTU BHORE ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Mr. Bhavesh V. Magam a/w Mr. Aniruddha Kulkarni, for the
Applicant.
Mr. P. H. Gaikwad, APP for the State.
Mr. A.S. Pawar, Khadakpada police station present.
CORAM : M. S. KARNIK, J.
DATE : NOVEMBER 9, 2023
P.C. :
1. Heard learned counsel for the applicant and learned
APP for the State.
2. This is an application for bail in respect of the ofence
punishable under sections 376, 328 read with 34 of the
Indian Penal Code, 1860 registered on 22/11/2021 vide C.R.
No. 352 of 2021 with Khadakpada police station. The
applicant was arrested on 22/11/2021.
3. The statement of the prosecutrix was recorded on
22/11/2021. In the FIR it is stated that in the month of June
2021, the applicant was in need of money and therefore
after consulting with her husband, the prosecutrix gave him
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Rs.30,000/-. The applicant for security of the amount,
ofered his auto-rikshaw which the husband of the
prosecutrix was plying. The applicant did not pay the
installments of loan of auto-rikshaw, therefore, the fnance
company seized the auto-rikshaw. In the meantime, the
husband of the prosecutrix died. The prosecutrix then
demanded the amount which the applicant had taken from
her. On the pretext that the applicant will return the
amount, the prosecutrix was called by the applicant
somewhere near Shahad bridge. Thereafter the allegation is
that the applicant and accused ofered the prosecutrix a
drink as a result of which she felt giddy. Later on she
realised that the prosecutrix had been raped.
4. Learned APP oppopsed the application and submitted
that the ofence is serious and there are statements of the
witnesses to indicate that the applicant committed the
aforesaid ofence. Learned APP submitted that section 164
statement of the victim and CCTV footage supports the case
of the prosecutrix.
5. The applicant was arrested on 22/11/2021 and is in
custody almost for 2 years. The trial is likely to take a long
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time to conclude. My attention is invited to the afdavit
dated 11/05/2022 fled by the prosecutrix before the trial
Court in which it is stated that the name of the applicant
was mentioned in the ofence due to some
misunderstanding.
6. In the facts and circumstances of the present case,
considering that the applicant is in custody for 2 years with
no possibility of trial concluding any time soon, the
applicant can be enlarged on bail. The investigation is
complete. The charge-sheet has been fled. There are no
criminal antecedents reported against the applicant.
Further custody only will be by way of a pre-trial punishment
in the facts and circumstance of the case. The applicant will
face the consequences post-trial if found guilty. I am inclined
to enlarge the applicant on bail. Hence, the following
order :-
ORDER
(a) The application is allowed.
(b) The applicant- Jitu Dattu Bhore in connection with C.R. No.352 of 2021 registered with Khadakpada police station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
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(c) The applicant is permitted to furnish cash bail surety in
the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(e) 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 Ofcer. The applicant shall not tamper with evidence.
(f) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating ofcer and shall keep him updated, in case there is any change.
(g) The applicant shall not enter where the area where the prosecutrix is residing after being released on bail, till the trial concludes. The applicant shall not contact the victim.
(h) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.
7. The application is disposed of.
(M. S. KARNIK, J.) 4/4 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 09/11/2023 21:00:05