9BA 1121.2020.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) No. 1121 OF 2020

(Sagar @ Sushil Pandhari Ghodeswar .Vs. State of Maharashtra, through P.S.O., P.S.

Brahmapuri, Dist. Chandrapur)

__________________________________________________________________________

Office Notes, Office Memoramda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri. Nir Nagman Ali, Advocate for the applicant.

Smt. S.S. Jachak, APP for the respondent.

CORAM : PUSHPA V. GANEDIWALA

,

J

.

DATE : 06

th

JANUARY, 2021.

Heard.

2.

The applicant is seeking bail in Crime No.

321 of 2020 dated 28.06.2020 registered with Police

Station Brahmapuri, Dist. Chandrapur for the offence

punishable under Sections 376(2)(n), 417 and 506 of

the Indian Penal Code and Sections 65(e), 84(c) of

the Information Technology Act, 2000.

3.

The allegations against the present

applicant is that he sexually exploited the prosecutrix

aged 20 years on the pretext of marriage. When the

prosecutrix got knowledge that the applicant is

already married and having two daughters, then she

lodged the report.

9BA 1121.2020.odt 2

4.

Perused the application, affidavit-in-reply

filed on behalf of the respondent – State and the

charge-sheet, with the assistance of both the learned

counsel.

5.

At the outset, a perusal of the contents in

the F.I.R. though appears the prima facie case of

cheating but the prima facie case of rape is not made

out.

6.

The prosecution could not point out any

other incrimination material from the charge-sheet

nor could show any criminal antecedents against the

present applicant. Now, the investigation is completed

and chage-sheet is also filed.

7.

In this view of the matter, this Court is

inclined to grant him bail on the following conditions :

(i)

The applicant – Sagar @ Sushil Pandhari

Ghodeswar shall be released on bail on executing

Personal bond of Rs. 30,000/- (Rs. Thirty Thousand

only) with one solvent surety in the like amount.

(ii)

The applicant shall not tamper with the

prosecution evidence or issue threats to the witnesses.

(iii)

The applicant to attend the concerned

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police station on every first Thursday of each month

between noon to 2.00 pm.

8.

The aforesaid observations are only for the

purpose of deciding this application and the same

shall not come in the way of the trial Court, during

trial.

9.

The Criminal Application is disposed of

accordingly.

JUDGE

C.L.Dhakate