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Bombay High CourtABA/477/2023allowed

Aniket Prakash Dadar v. The State Of Maharashtra

2023-02-16Hon'Ble Shri Justice N. R. Borkar1 pages

906-ABA-477-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 477 OF 2023 Aniket Prakash Dadar ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Mithilesh Mishra instructed by Mr. Gopal Bhosale for the Applicant. Ms. Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 16 FEBRUARY 2023 P.C. :- The applicant is seeking anticipatory bail for the offences punishable under Sections 376(2)(l)(n), 504, 506 of Indian Penal Code, 1860 and Sections 4, 5, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 20120. However, the victim/complainant is not impleaded as party respondent to the present application, in term of Rule 4 sub-rule 15 of the Protection of Children from Sexual Offences Rules, 2012. I would have allowed the applicant to implead victim/complainant as party. However, in most of the matters I have found that they are not made party. I have further found that even after the permission is granted to implead victim/complainant as party, the amendments to that effect are not carried out. Considering these facts, I am not inclined to entertain the present application. The application is rejected. The applicant is however, at liberty to file fresh bail application.

by KANCHAN PRASHANT DHURI Date: 2023.02.18 14:47:20 +0530 KANCHAN PRASHANT DHURI ( N.R. BORKAR, J. ) Kanchan P Dhuri 1 / 1