Rajendraprasad Tejuprasad Rajbhar v. The State Of Maharashtra

Tikam 1 8- BA 2962 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2962 OF 2019 Rajendraprasad Tejuprasad Rajbhar ...Applicant Vs.

The State of Maharashtra

...Respondent

***** Mr. P.R. Yadav for Applicant Mr. S.R. Agarkar, APP for State/Respondent Mr. Ajinkya Tambde, API (I.O.) Sahar Police Station, Mumbai ***** CORAM : PRAKASH D. NAIK, J.

DATE : 09th MARCH, 2020 PC:- 1.

This is an application for bail in C.R. No. 179 of 2019 registered with Sahar Police Station, Mumbai for the offences punishable under section 376 (2), (F), (I) of Indian Penal Code and Section 4 and 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

The First Information Report was lodged by the mother of victim. The FIR was initially based on the incident narrated by the mother of the victim. It is alleged that the accused is paternal uncle of victim. The victim was aged about 9 years. She was subjected to sexual assault. The victim was medically examined. Her statement

Tikam 1 8- BA 2962 of 2019.doc was recorded under section 164 of the Criminal Procedure Code. On completion of the investigation, charge-sheet is filed. 3.

The learned counsel for the Applicant submits that the Applicant is a senior citizen of 60 years. The Applicant is falsely implicated in this case. There is no evidence of sexual assault. The medical evidence does not support the prosecution case. The applicant is in custody from May, 2019.

4.

Learned APP submitted that the offence is of serious nature. The medical evidence supports statement of the victim recorded under section 164 of Cr.P.C. In view of the presumption in relation under POCSO Act, the bail should not be granted. 5.

I have perused the FIR and the statement of victim recorded under section 164 of Cr.P.C. The victim is a child, aged about 9 years. She has given specific role to the applicant, having sexual assaulted her. I have perused the medical report, which corroborates nature of offence. The submissions advanced by the learned counsel for the Applicant, are matter of defence of the Applicant and the same cannot be considered at this stage.

6.

Bail Application stands rejected.

(PRAKASH D. NAIK, J.)