Layis Mohd. @ Langda Munna Sharif Khan v. The State Of Maharashtra

Dusane 1/2 47 BA 2639.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2639 OF 2021 Layis Mohd. @ Langda Munna Sharif....

Applicant Khan Vs.

The State of Maharashtra ....

Respondent Mr. A.K. Singh a/w Krishnakant Singh for Applicant. Mrs. Rutuja Ambekar, APP for State.

Coram : NITIN W. SAMBRE, J.

Date : 17TH NOVEMBER, 2021 P.C.:

1.

The applicant is seeking regular bail in Crime No.313 of 2019, registered with Shivaji Nagar Police Station, Mumbai for an offence punishable under Sections 376, 506(II), 107, 120(B) of the Indian Penal Code and 4, 6, 8, 10, 12, 17 and 21 of POCSO Act. The applicant was arrested and subsequently charge-sheeted.

Dusane 2/2 47 BA 2639.21.doc 2.

According to learned counsel for the applicant the story stated in the F.I.R. and that of narration in the medical report is at serious variance. It is claimed that the other two accused are already released on bail. It is further claimed that as the applicant has suffered incarceration for about 21⁄2 years, he is entitled to be released on bail. 3.

Learned APP opposed the prayer.

4.

I have perused the statement of victim recorded under Section 164 of Code of Criminal Procedure so also the DNA report. The DNA sampling suggest that the product of conception of the victim are from the applicants progeny.

5.

In the aforesaid background, there is sufficient evidence depicting the involvement of the applicant in the offence in question. No case is made out for bail. The Bail Application stands rejected. ( NITIN W. SAMBRE, J. )