Govindkumar Harilal Nirmal v. The State Of Maharashtra

1 / 2 23-BA-1889-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1889 OF 2021 Govindkumar Harilal Nirmal .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• None present for Applicant.

• Smt.A. A. Takalkar, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 08th FEBRUARY, 2022 (through video conferencing) P.C. :

1.

No one appears for the Applicant.

2.

Heard learned APP.

3.

The prosecution case is that the victim, who was 15 years of age, was subjected to forcible sexual intercourse against her wish by the Applicant. She was threatened. The Applicant Digitally signed by MANUSHREE V NESARIKAR Date:

2022.02.10 15:58:16 +0530 had taken her photographs. The victim became pregnant and MANUSHREE V NESARIKAR ultimately gave birth to a boy.

Nesarikar

2 / 2 23-BA-1889-21.odt 4.

Learned APP has produced DNA profile of the child, which matches with the Applicant. Thus, there is sufficient evidence against the present Applicant. No case for bail is made out, since the Applicant is arrested in C.R.No.531/2019 under sections 376, 376(2)(i), 376(2)(n) of the Indian Penal Code and under sections 4, 6 and 8 of The Protection of Children from Sexual Offences (POCSO) Act.

5.

The application is rejected.

(SARANG V. KOTWAL, J.)