Samadhan Kishan Budhawale vs The State Of Maharashtra And ...
2022 Latest Caselaw 6893 Bom

                                                                      22-ba.672.2022.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         BAIL APPLICATION NO.672 OF 2022

Samadhan s/o. Kishan Budhawale                                   ..Applicant

        Vs.

The State of Maharashtra and anr.                                ..Respondent

                                 ----
Mr.D.M.Mane, Advocate for applicant
Mr.S.P.Sonpavale, APP for respondent no.1
Mr.A.B.Gaikwad-Patil, Advocate for respondent no.2
                                 ----

                                    CORAM : R.G. AVACHAT, J.

DATE : JULY 19, 2022 ORDER :-

This is an application under Section 439 of the Code of

Criminal Procedure. The applicant has been arrested in connection

with Crime No.0279 of 2021 registered with Sengaon Police Station,

Dist.Hingoli.

2. Heard learned counsel appearing for the parties.

3. Learned APP and learned counsel representing respondent

no.2 - victim would urge for rejection of the application relying on the

judgment in the case of "X" (minor) Vs. The State of Jharkhand and

anr., MANU/SCOR/26579/2022. According to them, it is a heinous

2 22-ba.672.2022

offence. The trial Court may be directed to commence the trial and

conclude the same within a time frame.

4. Learned counsel for the applicant would, on the other

hand, submit that it is the case of emotional involvement of the

applicant and the victim. The victim was little over 16 years of age.

The applicant was 19 years of age at the relevant time. It was a

consensual relationship. He, therefore, urge for grant of bail.

5. Considered the submissions advanced. Perused the FIR

and the related papers. The victim in the case of "X" (minor) Vs.

The State of Jharkhand (supra) was 13 years of age.

6. In the case in hand, the victim is 16 years and 5 months

old at the relevant time; whereas the applicant, who is an

agriculturist, was 19 years of age. He is behind the bars since

01.11.2021. It will take time for commencement and conclusion of

the trial. Considering the age of the applicant and the fact that it

was an consensual relationship and there is no likelihood of the trial

being commenced in the near future, I am inclined to grant the

applicant bail.

                                                   3                                22-ba.672.2022



7.                 Hence, the following order:-


(i)                The application is allowed.


(ii)               The applicant be released in connection with Crime

No.0279           of    2021         registered   with    Sengaon        Police      Station,

Dist.Hingoli, on executing P.R. Bond in the sum of Rs.15,000/-

(Rupees Fifteen Thousand) with one surety in the like amount.

(iii) The applicant shall not tamper with the prosecution

evidence in any manner.

[R.G. AVACHAT, J.]

KBP