Vilas Pralhad Gavali v. The State Of Maharashtra

922.BA1159_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1159 OF 2015 Vilas Pralhad Gavali ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Pankaj D. Kavale, Advocate for the applicant. Mr. D.P. Adsule, APP for the State.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : JUNE 24, 2015 P.C.:

This Application is moved for bail, as the applicant/accused is facing charges under section 376(1)(2)(f)(l) of the Indian Penal Code and under sections 4 and 6 of the Protection of Children from Sexual offences Act, 2012 in C.R. No. I-18/2015 registered with Vadgaon Nimbalkar Police Station, Pune.

2.

It is the case of the prosecution that the prosecutrix, who is 4 years old child, was sexually abused, as the applicant/accused, who is 58 years old, has inserted his finger in the vagina of the girl. 3.

The learned counsel for the applicant/accused has submitted that applicant/accused is in prison since January, 2015. He is a neighbour. Considering the age, it is not possible that he would have committed this 1 / 2

922.BA1159_2015.doc offence. The girl's statement was recorded one month thereafter. He further submitted that some civil dispute are going on between the two families.

4.

Learned APP opposed the Application.

5.

The prosecutrix is a child of 4 years old. Perused her statement, statement of the mother. Hence, I am not inclined to grant bail. 6.

The Application for bail is rejected.

(MRS.MRIDULA BHATKAR, J.) 2 / 2