Ramprasad S/O Mohanlal Harinkhede (In Jail) v. State Of Mah., Thr. P.S.O. P.S. Gondia Gramin, Tq. And Dist. Gondia

ld-vc-ba 1101.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR LD-VC-BA NO.1101 OF 2020 (Ramprasad s/o Mohanlal Harinkhede Vs. State of Maharashtra thr. PSO PS Gondia Gramin, Tq. & Dist. Gondia) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri S.S. Tambulkar, Advocate for Applicant.

Ms. Udeshi, APP for Non-Applicant/State.

CORAM: ROHIT B. DEO, J.

DATE: 3 rd SEPTEMBER, 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 bail in Crime 37/2020 registered with the Police Station Gondia (Gramin) for offence punishable under section 376 (a)(b) of Indian Penal Code with section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). The case of the prosecution is that two minor victims aged 7 and 8 were sexually assaulted by the applicant who is closely related to one of the victims. The incident occurred on 05.02.2020 and the victim aged 7 years narrated the same to her mother. The occasion to do so arose, since the

ld-vc-ba 1101.20.O.odt said victim was suffering from pain and her mother made the requisite inquiry.

4] The material on record reveals that the two victims were taken by the applicant to a farm. On the way the applicant purchased chocolate from grocery shop. The allegation is that after reaching the farm the applicant sexually assaulted the two victims.

5] There is more than ample material on record to link the applicant with the crime. The statement of the grocery shop owner is on record. The MLC notes that one of the victims has swollen vulva. Considering the gravity of the offence, the applicant is not entitled to bail. 6] The application is dismissed.

7] The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. JUDGE by Nitin Nikhare Date:

2020.09.04 13:49:49 +0530 NSN Nitin Nikhare