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Bombay High CourtBA/315/2021disposed off

Sandeep S/O Ghanshyam Rathod v. State Of Mah. Thr. Pso Umred Dist.Nagpur

2021-07-05Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba 315.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 315 of 2021 (Sandeep s/o Ghanshyam Rathod ..vs.. State of Maharashtra through P.S.O. Umred, Dist. Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y. B. Mandpe, Advocate for the applicant Mrs. K. R. Deshpande, APP for the State/non-applicant CORAM : ROHIT B. DEO, J.

DATED : 05-07-2021 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant is seeking bail in connection with Crime 823/2019 registered with Police Station, Umred for the offences punishable under Sections 376(1) and 506 of the Indian Penal Code on the basis of report dated 8-10-2019 lodged by the prosecutrix, who is aunt of the applicant. The applicant earlier made an effort to seek bail vide Criminal Application (BA) No. 121/2020. This Court was not inclined to entertain the application and the application was withdrawn unconditionally.

2 ba 315.2021 3.

The change in circumstance, according to the learned counsel Mr. Mandpe is the delay in trial. 4.

I have scrutinized the material in the chargesheet. The allegations are extremely grave. The applicant allegedly took advantage of his own aunt who was sitting on the pillion seat, took her to an isolated spot and forcibly ravished her.

5.

Insofar as the delay in trial is concerned, it is premature to assume that the trial will not be concluded expeditiously.

6.

In any event, considering the apprehension expressed by the learned counsel Mr. Mandpe, the trial Court is requested to frame charge and proceed with the trial as expeditiously as possible.

7.

The application is disposed of.

JUDGE wasnik