Rahul Chaure v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1285 OF 2019 Rahul Chaure ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. N. K. Dubey I/b V. K. Dubey Associates for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State PSI Mr. Dilip M. Rane from Aarey Police Station, is present CORAM : REVATI MOHITE DERE, J.

FRIDAY, 21 st JUNE 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 21 of 2019 registered with the Aarey Police Station, Mumbai, for the alleged offence punishable under Sections 354-B, 341, 323 r/w 34 of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act. 1/3

The victim girl aged 14 years was forcibly taken by the applicant and his friend Praneel to the applicant's house, after which, the applicant closed the door from inside. According to the victim girl, co-accused Praneel started forcing himself on her, and when she protested and started shouting, the co-accused Praneel started assaulting her. She has stated that on hearing her cries, her father opened the door by kicking it. According to the victim girl, when her father entered the house, the applicant and co-accused assaulted her father (complainant). The victim girl is aged 14 years. It the applicant is enlarged on bail, the possibility of the applicant tampering with the evidence and intimidating the complainant and the victim girl, cannot be ruled out.

The application is accordingly rejected.

However, considering the age of the victim girl as well as the age of the applicant, the trial of applicant is expedited. The learned Judge to conclude the case as expeditiously as possible and in any event, within six months from the receipt of this order. Parties to cooperate in the conduct of the trial.

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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. If, for no fault of the applicant, the trial does not conclude within six months, the applicant is at liberty to file a fresh application seeking his enlargement on bail.

REVATI MOHITE DERE, J.

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