Allowed

Sukhadev Raj Biharilal v. the State of Maharashtra

Bombay HC17 Jan 2023BA/66/2023

Case brief

AI extract

What is this about?

Bail application filed by a non-violence accused in a rape case was allowed. The High Court directed release on bail by executing personal and surety bonds with specific conditions not to tamper with witnesses or contact the victim.

What did the court decide?

Bail application allowed; applicant directed to be released on bail by executing P.B. and S.B. of Rs.50,000 each with one solvent surety.

Sukhadev Raj Biharilal Vs the State of Maharashtra — Bail and Remand | Bombay HC (2023)

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947-ba-66-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.66 OF 2023

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SUKHADEV RAJ BIHARILAL
VERSUS
THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Jadhav Satej S
APP for Respondent/State : Mr. K.S. Patil

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CORAM : S.G. MEHARE, J.

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 DATED : JANUARY 17, 2023

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PER COURT:-

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1.Heard learned counsel for the applicant and learned APP
for the State.

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2.It appears that the prosecutrix and the applicant had
acquaintance. She visited the place of the applicant prior to the
alleged incident. The applicant has a case that the prosecutrix was
demanding him Rs.5 lacs; hence, there was a scuffle and in that
scuffle, she sustained the injuries. He never did forceful sex with her.
Subsequent to the alleged incident, the prosecutrix and his so-called
brother were giving message to the family to pay her money to settle
the dispute. It is also alleged that the applicant and the prosecutrix
met in a railway journey and have exchanged their phone numbers.
That goes to show that there were some relationship between them.
Both are major.

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947-ba-66-2023.odt

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(2)

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3.In view of the allegations and the circumstances as well

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as the material progress in the investigation, it would be improper to
keep the applicant behind the bar. Hence, the following order :

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ORDER

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(i)Bail Application is allowed.

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(ii)The applicant, Sukhadev Raj Biharilal, 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 connection with Crime
No.213 of 2022, registered at Varangaon Police Station, District

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Jalgaon for the offence punishable under Section 376, 323, 506 of the

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Indian Penal Code, 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 on phone or
any other manner.

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 (S.G. MEHARE, J.)

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Mujaheed//

Sukhadev Raj Biharilal v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sukhadev Raj Biharilal v. the State of Maharashtra

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

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