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criapln5810-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 5810 OF 2014

Yogesh s/o Tatyarao Nalawade,

Age : 24 years, Occu. Agri.,

R/o Bajar Sawangi, Tq. Khultabad,

District Aurangabad

APPLICANT

VERSUS

The State of Maharashtra

through Khultabad Police Station,

Tq. Khultabad, Dist. Aurangabad

RESPONDENT

----

Mr. Nilesh S. Ghanekar, Advocate for the applicant

Mr. R.P. Phatke, A.P.P. for the respondent-State

----

CORAM : M.T. JOSHI, J.

DATE : 12/11/2014

ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who is arrested by

Khultabad Police Station, District Aurangabad in Crime

No. II-78/2014, registered for the offences punishable

under section 376, 366 (A) read with section 34 of the

I.P. Code and under section 4 and 5 of the Protection of

Children from Sexual Offences Act, is praying for his

release on bail.

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3.

The complaint of the mother of the prosecutrix

dated 10.05.2014 would show that on 31^st March, 2014, her

daughter went missing. After enquiry, she came to know

that the present applicant had enticed her daughter and

therefore, she filed the complaint.

4.

Learned counsel for the applicant points

towards the statement of the very prosecutrix which

would show her age as 17 years and it would show that

out of love, in fact, she insisted the present applicant

to take her away and to have marriage with him.

Thereafter, they resided at different places and

ultimately, came to the Police Station and in the Police

Station itself, the parents, including the complainant

willy-hilly told the prosecutrix to go away wherever she

would want. Thereafter, they went away and had sexual

relations with each other.

5.

The learned A.P.P., on the other hand, opposed

the application.

6.

The applicant was arrested on 13^th May, 2014.

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The chargesheet is now filed and the investigation is

completed. In the circumstances, the following order:-

7.

The applicant – Yogesh s/o Tatyarao Nalawade be

released on bail in Crime No. II-78/2014, registered for

the offences punishable under section 376, 366 (A) read

with section 34 of the I.P. Code and under section

4 and 5 of the Protection of Children from Sexual

Offences Act, on his executing P.R. bond in the sum of

Rs. 20,000/- (rupees twenty thousand) and also upon

furnishing surety in the like amount.

.

The present application accordingly stands

disposed of.

[M.T. JOSHI]

JUDGE

npj/criapln5810-14