Allowed

Subhash Babu Kale v. the State of Mah

Bombay HC22 Jun 2012APPLN/2178/2012

Case brief

AI extract

What is this about?

This High Court criminal application disposed of a bail plea filed by Subhash S/o Babu Kale. The court granted bail, releasing the applicant on a bond of Rs. 25,000 subject to conditions regarding witness tampering and entering the prosecutrix's village.

What did the court decide?

Release on bail upon furnishing Rs. 25,000 PR & SB, with conditions against witness tampering and visiting the victim's village.

Subhash Babu Kale Vs the State of Mah — Bail and Remand | Bombay HC (2012)

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2178 OF 2012

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Subhash S/o Babu Kale Age : 30 years, Occ : Rickshaw Driver, R/o At Post Bhenda (Kh), Tq. Newasa, Dist. Ahmednagar.

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....APPLICANT

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Versus

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The State of Maharashtra

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....Respondent.

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..... Mr. S.D. Joshi, advocate for the applicant.

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Mr. R.P. Phatke, APP for the respondent/State.

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CORAM : T. V. NALAWADE, J. DATED : 22^nd June, 2012.

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PER COURT :

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The application is filed for bail. Both sides are heard. The papers of investigations were made available.

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Crime is registered on the basis of report given by prosecutrix on 09.05.2011. It is her case that on 08.05.2011, she was returning to her village Dhus from Shrirampur in a private Taxi along with other persons. She has contended that the accused was sitting near the driver and he told her that he knew her family. It is her case that due to the accused she got down

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from the Jeep near Mazik Bhenda spot as the accused had said that they should have tea and snacks. She has made allegations that after taking tea in a hotel at the spot, the accused took her on motor cycle away from the locality and then in the field he raped her. She had made allegation that on that night she remained in the field and accused continued to rape her till 6 a.m. of the next day. She has contended that she returned to Shevgaon and she narrated the incident to her relatives. She gave the name of the applicant to her relatives and then report was given to the Police.

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The Police papers show that the prosecutrix was medically examined on 10.05.2011. No injury whatsoever was found on her body including the private part. The hymen was in rupture condition. In the medical papers and on the F.I.R. the age was given by the prosecutrix as 16 years. There is no record of examination to ascertain the age. There is a copy of bonafide certificate showing that she was born on 03.04.1996 and so she has not completed 16 years of age on the day of incident.

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The applicant has been behind the bars since 20.12.2011. In view of the aforesaid circumstances, this Court holds that it is not desirable to keep the applicant behind the bars

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till the conclusion of the trial. Subject to some conditions, the bail can be granted in favour of the applicant.

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So the application is allowed. The applicant is to be released on bail on his furnishing PR & SB of Rs. 25,000/(Rs. Twenty Five thousand). He is not to tamper with the prosecution witnesses and he is not to commit similar offences. He is not to enter village of prosecutrix viz., Dhus Arandgaon, Tq. Shevgaon, Dist. Ahmednagar till the conclusion of the case which is filed against him.

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[ T. V. NALAWADE, J. ]

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sga/

Subhash Babu Kale v. the State of Mah

Case brief

What is this about?

What did the court decide?

Subhash Babu Kale v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

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