Rajesh @ Pankaj Baliram Das v. The State Of Maharashtra

20 spkto min BA-5-2021.doc BDP-SPS-TAC Corrected as per speaking to minutes of order dated 10.12.2021.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.15 15:30:07 +0530 RAJESH @ PANKAJ BALIRAM DAS ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent Ms. Yashasvita Apte a/w Swati Khot i/b Harshad Bhadbhae for the Applicant.

Ms. Sharmila S. Kaushik, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 03, 2021 P.C.:- 1] After arrest, Applicant came to be chargesheeted in C.R. No.I-92/2019 registered with Rabodi Police Station, Thane for the offence punishable under Sections 354(A), (B), (D), 376 of the IPC read with Sections 4, 8, 12 of the POCSO Act 2] Prosecution case is, victim at the relevant time was just about 16 years of age when Applicant lured her, promising friendship and committed sexual offence.

3] In the backdrop of above, it is claimed that victim carried pregnancy from the Applicant. In the aforesaid background, this Court has called for DNA test report of the fetus wherein victim is held to be the biological mother of the product of conception, whereas present 1/2

20 spkto min BA-5-2021.doc Applicant is excluded from being biological father of the product of conception. In the aforesaid backdrop, even if there is medical evidence which is supported by the statement of victim, it will not be justifiable for this Court to reject the Application for bail as the Applicant has already suffered incarceration for more than two and half years. Apart from above, there is hardly any material on record to infer prima facie involvement of the Applicant in the crime in question. That being so, Applicant is entitled to be released on bail. 4] In the result, Applicant is directed to be released on bail in C. R. No.I-92/2019 registered with Rabodi Police Station, Thane for the offence punishable under Sections 354(A), (B), (D), 376 of the IPC read with Sections 4, 8, 12 of the POCSO Act on furnishing P.R.

Bond in the sum of Rs 15,000/- with one or more local sureties in the like amount. Applicant shall neither influence the prosecution witnesses nor tamper with the evidence. Applicant shall attend the trial regularly. On two consecutive failures of the Applicant to attend the trial, Court below may take out proceedings for cancellation of bail. 5] Framing of charge is expedited.

6] Application is disposed of.

( NITIN W. SAMBRE, J. ) 2/2