Prahalad Baluram Prajapati v. The State Of Maharashtra

957 BA 1357.23.doc Dusane BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2024.01.11 19:44:21 +0530 CRIMINAL BAIL APPLICATION NO. 1357 OF 2023 Pralhad Baluram Prajapati ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Rahul Mishra a/w Kajal Patil, Chaitali Bhoir for Applicant Ms. Veera Shinde, APP for the Respondent-State Mr. Maaz Ansari for Respondent No.2-Complainant

CORAM:

MADHAV J. JAMDAR, J.

DATE:

11th JANUARY 2024 P.C.:

1.

Heard Mr. Mishra, learned Counsel appearing for the Applicant and Ms. Shinde, learned APP appearing for the Respondent-State.

2.

This is a regular Bail Application preferred under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in the offence which is punishable under Sections 376, 376(3), 504 and 506 of the Indian Penal Code, 1860 registered with the Kharghar Police Station, District-Raigad, vide C.R. No. 251 of 2022.

957 BA 1357.23.doc Dusane 3.

As per the prosecution case, the Applicant has sexually assaulted the victim who is aged about 16 years and 4 months. The victim is a relative of the Applicant and in fact the Applicant is maternal uncle of the victim.

4.

The offence is of very serious in nature. There are several incriminating circumstances. The evidence also includes C.C.T.V. footage.

5.

As the Applicant is a near relative of the witnesses including the victim, it is very likely that he will make an attempt to influence or threaten the witnesses.

6.

Accordingly, this is not a fit case for granting bail to the Applicant. However, liberty is granted to the Applicant to file a fresh Bail Application if the trial is not concluded within a reasonable time.

7.

The Application is rejected and disposed of as such. (MADHAV J. JAMDAR, J.)