Ajay Mukesh Ambhore v. The State Of Mah. Thr. Pso Ps Badnera Tq. And Dist.Amravati And Another

2024:BHC-NAG:8643 32.ba.579.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.579 OF 2024 (Ajay Mukesh Ambhore Vs. The State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms S.S. Jadhav, Advocate for the applicant.

Ms S. Dhote, APP for the State.

Mr. S.G. Joshi, Advocate (appointed) for non-applicant No.2. CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- AUGUST 5, 2024 The application is for grant of bail.

2.

After hearing the learned Counsel for the applicant to some extent and after going through the investigation papers it reveals that 13 years girl was subjected for sexual assault and she carries the pregnancy. The DNA report is not received.

3.

After going through the entire investigation papers, at this stage, I have shown my disinclination to grant bail to the present applicant but considering the issue raised by the learned Counsel for the applicant that as per the statement of the victim, she firstly subjected for sexual assault on 04/12/2023 however, in February, 2024 she was found to be pregnant of three months which appears to be doubtful.

4.

Considering the DNA report is yet to be received, she seeks permission to withdraw the application

32.ba.579.24.odt with liberty to file afresh after receipt of DNA report before the trial Court.

5.

Permission is granted.

6.

The application is disposed of as withdrawn with liberty to file afresh before the trial Court after receipt of the DNA report.

7.

The fees of the appointed Counsel be quantified as per rules.

(URMILA JOSHI-PHALKE, J.) *Divya