Jaggusingh Rajusingh Tak v. The State Of Maharashtra

Megha 23_ba_3357_2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3357 OF 2021 Jaggusingh Rajusingh Tak ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondent

...

Mr. Pranav H. Bhoite for the Applicant.

Ms V. Shinde, APP for Respondent-State.

Ms Deepal Thakkar for Respondent No.2 Ms Suvarna Gosavi, PSI, Hadapsar Police Station, Pune, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd NOVEMBER, 2022.

P. C. :- 1.

This is an application under Section 439 of Cr.P.C. filed by the aforesaid Applicant, who is facing trial in Sessions Case No.420 of 2018 on the file of learned Additional Sessions Judge, Pune, for the offences punishable under Sections 376, 504 and 506 of the IPC and Sections 4,6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

Heard Mr. Pranav Bhoite, learned counsel for the Applicant, Ms V. Shinde, learned APP for Respondent-State and Ms Deepal Thakkar, learned counsel for Respondent No.2. I have perused the 1/2

Megha 23_ba_3357_2021.doc records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The victim in the case is a 12 years old girl. She was studying in 7th standard. She and her family members were residing in a tenanted premises belonging to the Applicant. The Applicant, a married man of 43 years of age with children, had subjected the victim to rape on several occasions. She had stopped going to school due to the threats given by the Applicant. The medical report prima facie corroborates the statement of the victim about repeated penetrative sexual intercourse. The offence is of serious nature. Considering the gravity of the offence, in my considered view this is not a fit case for grant of bail. Hence, the application is dismissed. (SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.11.29 14:13:37 +0530 MEGHA S PARAB 2/2