1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO 2871/2009 (Kamlakar s/o Pandharinath Gavhane vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Hemant Surve, Adv., for the applicant. Mr. D.R.Korde, APP, APP, for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:27/8/2009 ... P.C.: 1. The accused/applicant, who is in custody from 14.7.2009 in Crime No.111/2009 registered at Kadim Police Station, Jalna, for the offense punishable under Sections 420, 323, 504, 506, 34 of IPC and Sections 5 and 6 of Immoral Traffic (Prevention) Act, 1956, prays to release him on bail. 2. The statement of the victim Lata, dt.13.7.2009, indicates that the accused was introduced to her by neighbour on 13.3.2009, to be a prospect for her marriage, as a 2 groom. Preliminary inquiries were made and allegedly, to cut short the marital expenses, on 15.3.2009, the marriage was performed. She has alleged that, during one of her visit to a hotel on 19.3.2009, her husband (applicant herein) influenced her to prepare herself, designedly let loose her hair and they had juice. Allegedly, the husband called his friends, introduced them to her. Thereafter, same command was allegedly effected by her husband on the next date where also cold drinks were served. The victim claimed, there were no household belongings in the room of the husband, however, he used to latch from outside. After 2/3 days, he took her to a lady of his acquaintance. 3. It is indicated that, she stayed with the husband upto 30th March, 2009, pertinently, her parents had been to Mumbai on 28.3.2009, to fetch her who stayed there till the victim departed with them. The husband allegedly came 3 to Jalna on 14.4.2009, to fetch her. However, she did join and the report as indicated above. 4. Taking survey of above facts, at this stage, I find, further custody of the accused/applicant is not warranted. The accused/applicant is gainfully employed as a priest (Archak). The Counsel informs that the neighbours at least 17 in number, are ready to vouch for his credibility. 5. Though investigation is in progress, however, that by itself will not be a parameter to consider for his detention in the ongoing investigation. Hence order: ORDER a) the accused/applicant Kamlakar s/o Pandharinath Gavale be released on his furnishing P.R. bond and surety in the sum of Rs.20,000/- (Rs.twenty thousand). b) The accused/applicant, after his release shall attend Park Site Police Station, Mumbai, on every Sunday between 3 p.m. to 9 p.m. 4 till completion of trial. c) The accused/applicant shall not influence the complainant and other witnesses related in the matter. d) The accused/applicant shall attend Court proceedings whenever so directed. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... agp/2871-09crapl ...