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Bombay High CourtBA/3973/2023disposed off

Raju@Nilesh Siddhart Bhosale v. State Of Maharashtra And ANR

2024-02-03Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2024.02.03 17:28:35 +0500 13-BA-3973-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3973 OF 2023 Raju @ Nilesh Siddhart Bhosale ...Applicant

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Aashish Satpute for the Applicant.

Ms Rutuja Ambekar, APP for the Respondent.

Mr.Sujay Palshikar for Respondent No.2.

CORAM

:

N. R. BORKAR, J.

DATE :

3 FEBRUARY 2024.

PC:- 1.

This is an application for bail under Section 439 of Cr.P.C. 2.

The applicant came to be arrested in Crime No.458 of 2020 registered at Dighi Police Station, Pune for the ofences punishable under Sections 354, 376(2)(f) and 506 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Ofences Act.

3.

The allegations against the applicant, who is the husband of maternal aunt of the victim, are of rape.

4.

Learned counsel for respondent No.2-victim submits that the victim has no objection, if this Court releases the applicant on bail and tendered afdavit to that efect. The same is taken on record and marked as "X" for the purposes of identifcation. 5.

However, considering the nature of ofence at this stage, I am not inclined to release the applicant on bail. As the Dinesh S. Sherla 1/2

13-BA-3973-23.doc applicant is in jail for about 2 and 1⁄2 years, the trial Court is directed to conclude the trial within a period of six months from the date of receipt of copy of this order. Liberty to fle fresh bail application, in case the trial is not concluded as directed. 6.

The Application is disposed of in the aforesaid terms. (N.R. BORKAR, J.) Dinesh S. Sherla 2/2