Amit Mahendra Rajbhar v. The State Of Maharashtra

28. BA-432-2021.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 432 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.12.15 16:05:59 +0530 AMIT MAHENDRA RAJBHAR ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent Ms. Nazneen Khatri for the Applicant.

Mrs. J. S. Lohokare, APP for the Respondent/State. Ramesh Shiroshe, Head Constable, Mira Bhayandar.Vasai Virar Commissionerate, present.

CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 13, 2021 P.C.:- 1] Applicant is seeking regular bail in C.R. No. I-357 of 2018 registered with Mira Road Police Station for the offence punishable under Sections 376, 377, 506 of the IPC, under Sections 4, 5, 6, 13, 14 of POCSO Act and under Section 66(c), 67 of the Information Technology Act.

2] Submissions of the Counsel for the Applicant are, Applicant was in love affair with the victim and relations were consensual. According to her, as far as offence under IPC is concerned, there is no material on record to infer prima facie involvement of the Applicant. 3] As far as offence under the provisions of POCSO is concerned, victim'

s statement and other evidence has sufficiently implicated the 1/2

28. BA-432-2021.doc Applicant in crime.

4] Apart from above, report from Forensic Science Laboratory is yet to be received so as to infer that Applicant was not instrumental in hijacking or forwarding the message. That being so, case for bail is not made out.

5] Application for bail stands rejected.

6] However, Director, Forensic Science Laboratory is directed to expedite the process of analysis and submit the report in any case within a period of four months from today. Once such report is received, liberty to the Applicant to apply afresh before the Court below.

7] Application is disposed of.

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