Bombay High Court
Bharat @ Kalya Appa Kale vs The State Of Maharashtra And Another on 25 July, 2022
Author: R. G. Avachat
Bench: R. G. Avachat
53-BA-774-2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 774 OF 2022
Bharat @ Kalya Appa Kale ... Applicant
Versus
The State of Maharashtra and another ... Respondents
....
Mr. V. P. Savant, Advocate for applicant
Mr. V. S. Badakh, APP for respondent No.1 - State
Mr. A. D. Hande, Advocate for respondent No.2
....
CORAM : R. G. AVACHAT, J.
DATED : 25th JULY, 2022
PER COURT :-
. This is an application for bail under Section 439 of the
Code of Criminal Procedure. The applicant has been arrested in
connection with Crime No.0210/2022, registered with Beed Rural
Police Station, District Beed, for the offences punishable under
Sections 363, 376, 376(2)(F), 376(2)(J), 376(2)(n) of the Indian
Penal Code and under Sections 5(L), 5(N) and 6 of the Protection of
Children from Sexual Offences (POCSO) Act, 2012.
2. Heard.
Perused the First Information Report (FIR) and the
related papers.
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The applicant herein is the brother-in-law (husband of
sister) of the victim. The FIR was lodged by the applicant's father-in-
law. It is alleged therein that the applicant kidnapped the informant's
15 years old daughter on 13.08.2021. In the first para of the FIR, it
has been alleged that the applicant herein has been facing
prosecution for the similar offence against the same victim. It is
informed that the applicant and his wife, both have been residing
together. The record indicates that the applicant and his sister-in-law
(victim) have eloped and stayed together for about three months in
Mumbai. As such, there is reason to believe it to be the case of
consensual relationship. The question is whether the victim is below
18 years of age. The record, however, indicates that the informant
and the victim herself had appeared before the trial Court and stated
on affidavit to have lodged the FIR with some misunderstanding. As
such, the allegations in the FIR get diluted. In this peculiar facts and
circumstances of the case, the application deserves to be allowed.
Hence, following order:
ORDER
(i) The Bail Application is allowed.
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(ii) The applicant be released on bail in connection with Crime No.0210/2022, registered with Beed Rural Police Station, District Beed, for the offences punishable under Sections 363, 376, 376(2)(F), 376(2)(J), 376(2)(n) of the Indian Penal Code and under Sections 5(L), 5(N) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount.
(iii) The applicant shall not tamper with the prosecution evidence.
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