Yadav Bandabhoi Battalwad v. The State Of Maharashtra

27-BA-455-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.455 OF 2023 YADAV BANDABHOI BATTALWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Jadhav Kailas Sambhaji APP for Respondent No.1: Mr. K. S. Patil Advocate for respondent No.2 : Mr. R.J. Jagdevraonirmal (appointed Through Legal Aid) ....

CORAM : S. G. MEHARE, J.

DATE : 03.04.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P for respondent No.1/State and the learned counsel for respondent No.2/Victim.

2.

The grandfather made pregnant his granddaughter who was around 16 years old. He is seeking bail on the ground that there is discrepancy in her name in school admission form. However, admits the paternity. He came with a case of love afair.

3.

The learned Sessions Judge while rejecting the bail application has held that the matter will be expedited. The

27-BA-455-2023.odt learned counsel for the applicant has complained that victim is unnecessarily seeking adjournments. Therefore, trial is protracted.

4.

Prima facie evidence is available against the applicant. He did repeated sex with the victim who was around 16 years old and got pregnant. The case of the applicant that it was a love afair cannot be accepted for the reason that the victim has made serious allegations against the applicant that he did forceful sex with her under the threats not to disclose his relationship. The other circumstances are also against the applicant. Hence, this Court is not inclined to release the applicant on bail. For the above reasons, the application stands dismissed.

( S. G. MEHARE ) JUDGE ysk