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Bombay High CourtBA/571/2021disposed off

Rahul Chotelal Gupta v. The State Of Maharashtra

2021-12-10Hon'Ble Shri Justice Nitin W. Sambre3 pages

IRESH SIDDHARAM MASHAL Date: 2021.12.10 16:49:37 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 571 OF 2021 RAHUL CHOTELAL GUPTA ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT WITH INTERIM APPLICATION NO. 1372 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 571 OF 2021 SAVITA RAHUL GUPTA ....APPLICANT

IN THE MATTER BETWEEN

RAHUL CHOTELAL GUPTA ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Ms. Anjali Patil for the applicant Ms. A. A. Takalkar APP for the State Ms. Roshni Singh for the intervener CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 10, 2021.

P.C.:

1] Applicant is seeking regular bail in C.R. No. 928/2020 1/3

registered with Goregaon Police Station for offence punishable under Sections 376(2)(n), 506 of the Indian Penal Code and under Sections, 4, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.

2] Perused the statement of the victim girl recorded under Section 164 of Code of Criminal Procedure, 1973.

3] Prima facie it appears that offence is under Section 8 & 12 of the POCSO Act for which maximum punishment is upto 5 years. Applicant has already suffered incarceration for a period of one year. In view of this, case for bail is made out.

(i) Applicant be released on bail in C.R. No. 928/2020 registered with Goregaon Police Station for offence punishable under Sections 376(2)(n), 506 of the Indian Penal Code and under Sections, 4, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 upon furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount. (ii) Applicant shall neither influence witnesses in any manner nor tamper with evidence.

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(iii) Applicant shall not establish contact, directly or indirectly, with the victim or her family member. (iv) Applicant shall not enter the jurisdiction of concerned police station till the charge is framed. 4] Application for bail alongwith intervention application stand disposed of.

[NITIN W. SAMBRE, J.] 3/3