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Bombay High CourtBA/423/2020dismissed

Lankesh S/O Wamanrao Meshram v. State Of Mah. Thr. Pso Ps Gondia City, Tah. And Distgondia

2020-09-03Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba423.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 423 OF 2020 ( Lankesh s/o Wamanrao Meshram ..vs.. State of Maharashtra, through PSO, PS Gondia City, Gondia ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Borkute, Counsel for the applicant, Ms. Trupti Udeshi, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 03-09-2020 Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

The applicant is seeking release on bail in Crime 156/2019 registered with Gondia City Police Station, Gondia for offences punishable under Sections 376(2)(j) (n)(f)(k), 328, 342, 343 and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

4.

The informant, who according to the prosecution is minor, alleges that under the pretext of treating tumor in the right chest, the applicant-accused sexually assaulted her. The applicant pressed her breast and touched her private parts. The sexual assault continued

2 ba423.20 from 27-3-2019 to 02-4-2019. The applicant-accused inserted fingers in her private part, administered drug and subjected the victim to sexual intercourse. 5.

Apart from the version of the victim, the statements of witnesses including the mother of the victim, implicate the applicant-accused in the crime. The MLC report reveals hymnal injury with bleeding. The allegations are extremely sordid and serious. 6.

The applicant-accused is not entitled to release on bail.

7.

The application is dismissed.

JUDGE adgokar