Sagar S/O Rajendra Devarkar vs State Of Mah. Thr. Pos Ps Talegaon ...
2021 Latest Caselaw 11712 Bom

 Judgment                                       1                     33judgapeal259.21.odt




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            NAGPUR BENCH, NAGPUR.


                               CRIMINAL APPEAL NO. 259/2021
                                            [




          Sagar S/o Rajendra Devarkar,
          Aged about 22 years, Occ. Cultivator,
          R/o. Talegaon (S.P.), Tah. Ashti,
          Dist. Wardha.



                                                                        .... APPELLANT
                                                                              (In Jail)


                                       // VERSUS //


      1. State of Maharashtra,
         through P. S. O. Police Station,
         Talegaon (S.P.), Tah. Ashti, Dist. Wardha.

      2. Ku. Tejasvani S/o. Anil Meshram,
         Aged about 19 years, Occ. Education,
         R/o. Kakaddhara Ward No. 6,
         Talegaon (S.P.), Tah. Ashti, Dist. Wardha.


                                                                    .... RESPONDENTS

 ___________________________________________________________________
 Shri M. Rai, Advocate for appellant.
 Shri A. M. Deshpande, APP for respondent No.1.
 ___________________________________________________________________

                                        CORAM : VINAY JOSHI, J.
                                        DATED : 24.08.2021
 JUDGMENT

Heard.

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 2.                Admit.

3. Perused First Information Report, reply - affidavit and

impugned order.

4. The appellant was arrested in Crime No. 225/2021 for the

offence punishable under Sections 354, 354-A(1)(i), 451 of the Indian Penal

Code and Sections 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989. The Trial Court has declined to

release appellant/accused on regular bail, hence this appeal.

5. The victim girl alleged that on the date of occurrence, the

appellant came to her house, caught hold her hands and abused her in the

name of caste. Already appellant has faced custodial interrogation. Though

two previous offences are registered against him, however considering nature

of existing crime, his detention is no more required. The purpose would be

served, if certain conditions are imposed. In view of that following order:-

(I) The appeal stands allowed and disposed of.

(II) The impugned order dated 15.06.2021 passed by

the learned Additional Sessions Judge, Wardha in Misc. Criminal

Application No. 226/2021 is quashed and set aside.

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                  (II)         The appellant - Sagar S/o Rajendra Devarkar is

released on bail on his furnishing P.R. Bond of Rs. 25,000/- with

one surety in the like amount.

(III) The appellant shall attend the proceedings before

the Trial Court on each and every date unless specifically

exempted by the Trial Court.

(IV) The appellant shall not directly or indirectly

make any inducement, threat or promise to any person

acquainted with the facts of the case, as also shall not

tamper with the evidence.

JUDGE .

Gohane