Prashant @ Prasad Baliram ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 1806 Bom

                                  1                        931-BA.220-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    931 BAIL APPLICATION NO.220 OF 2023
                PRASHANT @ PRASAD BALIRAM KALBANDE
                               VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                    ...
            Advocate for Applicants : Mr. Salunke Sudarshan J.
              APP for Respondent-State : Mr. S. B. Narwade.
           Advocate for Respondent No.2 : Mr. Ashutosh Kulkarni
                               (Appointed).
                                    ...

                                CORAM :      S. G. MEHARE, J.

                                DATE :       22.02.2023
     PER COURT :-

1. Heard the learned counsel for the applicant, learned APP

for the respondent-State and learned counsel for respondent

No.2/victim.

2. Applicant is seeking bail under Section 439 of the Cr.P.C.

for the offences punishable under Sections 376(2)(j), 376(2)

(n), 336, 326, 324, 504, 506 read with Section 34 of the IPC,

Section 4 and 12 of the POCSO Act, Section 3(2)(va), 3(1)(w)

(t)(tt) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015, registered

with Nanalpeth Police Station, District Parbhani.

3. It is alleged against the applicant that he did sex with the

victim under the promise to marry. However, he did not marry.

2 931-BA.220-23.odt

The victim was 15 years old at the time of incident. The

applicant was convicted for the similar offence. He has

preferred the appeal against the judgment of conviction before

the High Court. His sentence was suspended and granted bail

to him on the condition not to repeat any offence during

pendency of the appeal. The applicant has again committed a

same offence during the pendency of appeal, for which he had

been convicted. This goes to show the modus operandi of the

applicant to cheat the minor girls under the promise to marry.

It may also be inferred that the applicant traps the minor girls

and do sex with them under false promise to marry. In the

light of the conduct of the applicant, it would be inappropriate

to release him on bail.

4. Hence, the application stands dismissed.

5. The Secretary, High Court Legal Services, Sub-

Committee, Aurangabad do pay the legal fees to the learned

counsel Mr. Ashutosh Kulkarni as per the schedule.

(S. G. MEHARE, J.) ...

vmk/-