Allowed

Maroti Ramesh Mustare v. the State of Maharashtra and Another

Bombay HC24 Jan 2023BA/2045/2022

Case brief

AI extract

What is this about?

This court allowed a bail application. The applicant, who admitted to living with a 17-year-old victim as a husband-wife (suspected love affair), was released on bail. The court found no complaints of torture and deemed pre-trial detention inappropriate despite the charge sheet being filed.

What did the court decide?

Bail allowed; release on bond of Rs. 50,000 with one solvent surety in crime no.149/2022.

Maroti Ramesh Mustare Vs the State of Maharashtra and Another — Narcotics (NDPS) | Bombay HC (2023)

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925- B.A. No. 2045-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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925 BAIL APPLICATION NO.2045 OF 2022

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MAROTI RAMESH MUSTARE
VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicant : Mr. Jadhav Arvind Gangadhar
APP for Respondents: Mr. S. P. Deshmukh
Advocate for respondent No.2 : Mr. Rajesh Mewara
 (appointed Through Legal Aid)

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CORAM : S.G. MEHARE, J.
DATE : JANUARY 24,2023

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PER COURT :

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1.Heard learned counsel for the applicant, learned A.P.P. for

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the State and learned counsel for respondent No.2/victim.

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2.The victim was 17 years old at the time of alleged incident.
The victim had love affair with the applicant . They lived together for
about one month and during that period she never resisted the applicant.
It also appears that when her parents learnt about their love affair, they
started searching groom for her. Therefore, she fled away with the
applicant. They were living as husband and wife. She was of advanced
age and it seems able to know the consequences of her acts. There are no
complaints of torturing during her stay with the applicant. The charge
sheet has been filed. In view of that matter, it would be inappropriate to

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925- B.A. No. 2045-2022.odt

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keep the applicant behind bar. Hence, the following order.

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ORDER

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(i) The Bail Application is allowed.

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(ii)The applicant Maroti Ramesh Mustare, be released on bail on
executing P.B. and S.B. of Rs. 50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in Crime No. 149/2022
registered at Kurunda Police Station, Taluka Basmath, District Hingoli
for the offence punishable under Sections 363,376(2)(n) 366(A) of
Indian Penal Code and under Sections 4,8,12 of Protection of Children

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From Sexual Offences Act, 2012 on the conditions that :-

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(a) The applicant shall not tamper with the prosecution witnesses.

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(b) The applicant shall not contact the victim or her parents till the conclusion of the trial.

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(c) The applicant shall not enter the village where the victim and her parents reside for one month from the date of his release.

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(iii) The Secretary, High Court Legal Services Sub-committee, Aurangabad do pay the fees to the counsel appointed for respondent No.2 as per schedule.

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( S. G. MEHARE )
 JUDGE

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ysk

Maroti Ramesh Mustare v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Maroti Ramesh Mustare v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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