Ajit Rameshwar Sharma v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.970 OF 2019 Ajit Rameshwar Sharma ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.R.Sutrale, for the Applicant.

Ms. Veera Shinde, A.P.P for the Respondent - State. PSI - Madhuri Zendage, MIDC Police Station, Mumbai, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 9th AUGUST, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.399 of 2017 registered with the M.I.D.C. Police Station, Mumbai, for the alleged offences punishable under Sections 377, 341, 342 and 506 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act. 3.

Perused the papers in particular the statement of the victim

2/2 21-ba.970.2019.doc boy, aged 15 years, both recorded under Section 161 and Section 164 of the Code of Criminal Procedure. According to the victim boy, aged 15 years, the applicant, aged 22 years took him to his room and had forcible sexual relations with him. He has stated in detail the manner in which he was sexually assaulted. The medical papers support the sexual assault on the victim boy. Even the possibility of the applicant threatening the witnesses cannot be ruled out.

4.

Having regard to what is stated aforesaid, this is not a fit case to enlarge the applicant on bail.

5.

Accordingly, the application for bail is rejected and disposed of as such. However, the trial of the applicant is expedited. 6.

It is made clear, that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. REVATI MOHITE DERE, J.