Rajmani Ramyash Yadav @ Kallu v. State Of Maharashtra And ANR

2023:BHC-AS:32062 Diksha Rane 8. BA 2519-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2519/2023 RAJMANI RAMYASH YADAV @ KALLU ..APPLICANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Mr. B. J. Shaikh for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 25, 2023.

P.C. :

1.

Learned APP submits that the complainant has been served and she wants to be represented through legal aid. Advocate Kranti Hiwarale is requested to appear on behalf of the complainant and represent her.

2.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the complainant. 3.

Learned counsel for the applicant, on instructions, seeks leave to withdraw this application.

4.

The applicant is in custody for more than four years and nine months. I am informed that the charge has been framed and the trial has commenced.

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Diksha Rane 8. BA 2519-23.doc 5.

In this view of the matter, the trial Court is requested to record the evidence of the child witness in view of the mandate of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012 expeditiously.

6.

The application is allowed to be withdrawn with liberty to apply for bail after six months or after recording the evidence of the child witness, whichever is earlier. 7.

The application is disposed of accordingly.

8.

I appreciate the assistance rendered by Ms. Kranti Hiwarale, the learned Advocate, who appeared on behalf of the complainant at my request. Learned advocate may be paid the fees/honorarium as prescribed by the Legal Aid Services Authority or if not prescribed, the same is quantified at Rs.5000/-.

(M. S. KARNIK, J.) 2/2