Bhavesh Bhanaji Bambaniya v. The State Of Maharashtra

IRESH SIDDHARAM MASHAL Date: 2021.12.07 10:12:27 +0530 IRESH SIDDHARAM MASHAL 32.2034.21 BA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2034 OF 2021 BHAVESH BHANAJI BAMBANIYA ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Anil Navale for the applicant Mr. A. R. Kapadnis APP for the State Ms. Nandita S. Mahadik for respondent no. 2 Mr. Yogesh Dabhade, PSI, Chitalsar police station CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 6, 2021.

P.C.:

1] Applicant is seeking bail in C.R. No. 197/2020 registered with Chitalsar Police Station for offence punishable under Sections 376(2) (f)(k), 376(a)(b) of the Indian Penal Code and under Section 4, 8 of Protection of Children from Sexual Offences Act, 2012. 2] In the statement of victim recorded under Section 161 of Code of Criminal Procedure, 1973 and that of complainant, though ingredients of offences are made out, case is not supported by victim 1/2

32.2034.21 BA.doc or her mother in statement recorded under Section 164 of Code of Criminal Procedure, 1973. Counsel for the complainant and parents of complainant who are present in the Court have no objection for allowing this application.

3] In the aforesaid background, case for bail is made out. (i) Applicant be released on bail in C.R. No. 197/2020 registered with Chitalsar Police Station for offence punishable under Sections 376(2)(f)(k), 376(a)(b) of the Indian Penal Code and under Section 4, 8 of 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 the prosecution witnesses in any manner nor tamper with the evidence. 4] Application stands disposed of.

[NITIN W. SAMBRE, J.] 2/2