Allauddin Hakimansar Ansari v. State Of Maharashtra And ANR.

Osk 28-Ia-4262-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4262 OF 2022 IN CRIMINAL APPEAL NO. 284 OF 2023 Allauddin Hakimansar Ansari ... Applicant/Appellant V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Karthik Rajasekhar for Applicant/Appellant. Mr. S.V. Gavand, A.P.P. for Respondent No.1-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 22nd January 2024.

P.C. :

1) Perusal of record reveals that, the Applicant is the biological father of the victim. He committed an act as contemplated under Section 376 (2)(f)(i)(n) of the Indian penal Code, with the victim for the period from 2011 to 2015. In January 2013, the victim got pregnant and delivered a baby girl. The D.N.A. profile of the said baby girl tallied with the D.N.A. of Applicant, as the biological father of the said baby girl. The F.S.L. expert (PW-7) has supported the case of the prosecution in that behalf. 2) In view thereof, we find that, the crime committed by the Applicant is of heinous nature and therefore we are not inclined to release him on bail during the pendency of the Appeal. 1/2

Osk 28-Ia-4262-2022.doc 3) Application is accordingly rejected.

4) As the Applicant is behind bars for last 7 years and 4 months, hearing of Appeal is expedited.

( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.01.24 11:51:35 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2