Vikas Raosaheb Barde v. The State Of Maharashtra

7-BA.915.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.915 OF 2022 Vikas Raosaheb Barde ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.A.T.Kanwade, Advocate for applicant Mr.S.P.Sonpavale, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 13, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.523 of 2020 registered with Rahuri Police Station, Dist.Ahmednagar, for the offences punishable under Sections 363, 366-A, 376(2)(N) of Indian Penal Code and under sections 3, 4, 5(I) and 6 of the Protection of Children from Sexual Offences Act. 2.

Heard learned counsel appearing for the parties. 3.

Learned counsel for the applicant states that on the date of commission of the alleged offence, the applicant was juvenile in conflict with law. In support of his claim, he has placed on record the

7-BA.915.2022 applicants school leaving certificate, wherein his date of birth has been recorded as 05.09.2002. The date of offence is 10.07.2020. As such, as per the school leaving certificate, the applicant was little over 17 years and 10 months old and, as such, a juvenile in conflict with law.

4.

Learned APP opposed the application.

5.

In view of the above, the applicant is directed to be released forthwith.

6.

The Investigating Officer shall deal with the case as one under the Juvenile Justice (Care and Protection of Children) Act, 2015.

7.

Learned Registrar (Judicial) is requested to ensure compliance of this order.

8.

The application stands disposed of accordingly. [R.G. AVACHAT, J.] KBP