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Bombay High CourtBA/996/2025disposed off

Ravi Pacha Muzalda v. The State Of Maharashtra Thr Pso Tamgaon Dist Buldhana

2025-09-22Hon'Ble Mrs. Justice Vrushali V. Joshi3 pages

2025:BHC-NAG:9576 1 27.ba.996.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 996/2025 Ravi Pacha Muzalda Vs. The State of Maharashtra and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. H. Daga, Advocate for the Applicant.

Mr. V.A. Thakare, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 22/09/2025.

.

Heard.

2.

The applicant is arrested in Crime No.265/2025 registered at Police Station Tamgaon, District Buldhana for the offences punishable under Sections 376(2)(j), 376(2)(l), 376(2)(n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

3.

It is alleged that the applicant had repeated sexual relations with the victim, who is 15 years of age. The victim became pregnant and when she was taken to Hospital, the staff of the Hospital informed the police and the crime has been registered.

4.

The learned Counsel for the applicant has stated that the victim has delivered a child a baby girl and she is now eight months of age. He further stated that it is out of love affair. Both of them are tribal. They are staying in the same village. The applicant is ready to perform the marriage with the victim after she became major. Hence, prayed to release the applicant on bail.

2 27.ba.996.25 5.

The learned Counsel for the applicant has relied on the judgment of this Court in the case of Ritesh Ravindra Landge Vs. State of Maharashtra and Ors. reported in 2022 DGLS (Bom.)1880 in support of his argument that though the victim is 15 years of age, considering the relations and as they are from tribal area, the applicant be released on bail.

6.

The victim was served and appeared through her Counsel. She has no objection to release the applicant on bail. She has admitted the love relations with the applicant.

7.

The learned A.P.P. opposed the application stating that at that time, the applicant was minor and he has committed the offence. Considering the legal position, prayed to reject the application.

8.

Heard the learned Counsel for the applicant, and the learned A.P.P.

9.

Though the applicant is 15 years of age, she has described the love relations between both of them. Now a days, the girls became matured at early stage. They know the consequences of keeping the relations with the boy. Though the consent cannot be considered in case of minor, she has delivered a baby and her affection for applicant can be considered. The applicant is ready to marry with her and the victim has no objection to release the applicant on bail. Considering the circumstances, the case is made out to release the applicant on bail. Accordingly, I pass the following order:

i) Criminal application is allowed.

3 27.ba.996.25 ii) Applicant - Ravi Pacha Muzalda, be released on bail in connection with Crime No.265/2025 registered at Police Station Tamgaon, District Buldhana for the offences punishable under Sections 376(2)(j), 376(2)(l), 376(2)(n) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on his furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount.

iii] The applicant shall not in any way tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall co-operate the investigation officer.

The Criminal Application stands disposed of accordingly. (MRS. VRUSHALI V. JOSHI, J.) RGurnule