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Bombay High CourtBA/2098/2022disposed off

Onkar Rajendra Lashkare v. State Of Maharashtra And ANR

2023-01-10Hon'Ble Shri Justice N. R. Borkar2 pages

33-BA-2098-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2098 OF 2022 Onkar Rajendra Lashkare ...

Applicant

Versus

State of Maharashtra and another ...

Respondents .........

Mr. Prashant Hagare for the Applicant.

Mr. Amit Palkar, APP for the State.

Mr. Avinash Naik for Respondent No.2 (appointed). .........

CORAM : N.R. BORKAR, J.

DATED : 10 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 997 of 2021 registered at Yavat Police Station, District-Pune for the offence punishable under Sections 363, 376, 323, 506, 212 r/w. 34 of Indian Penal Code and Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State and perused the statement of the victim. Kanchan P Dhuri 1 / 2

33-BA-2098-2022.odt 4.

The victim in her statement has specifically stated that the present applicant forcibly committed sexual intercourse with her. Even otherwise she was only 12 years and 6 months old. The applicant appears to be 28 years old. Considering the overall facts and circumstances of the case, I am not inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is rejected.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.01.16 18:57:22 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2