Nitesh S/O. Lokchand Bahekar(In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Salekasa

1 ba848.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 848/2018 Nitesh Lokchand Bahekar V/s State of Maharashtra, Thr. PSO, PS Salekasa, Dist. Gondia - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : M.G. Giratkar, J DATE : 23.10.2018.

Heard Shri R.V. Khaparde, learned Counsel for the applicant and Shri S.S. Doifode, learned Additional Public Prosecutor for the Non-applicant/ State. The applicant is arrested by Police Station for the offences punishable under Sections 376 (2) (i) (n), 506 of the Indian Penal Code read with Sections 4 and 6 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO). When the matter was heard by this Court on 21st September 2018, this Court has directed to produce DNA report. Today, the learned Counsel for the applicant has pointed out Pursis Stamp No. 5014/2018 and alongwith this Pursis, DNA Report is filed. It shows that the applicant is not the biological father of male child born to the complainant. Therefore, he prayed for grant of bail.

Shri S.S. Doifode, the learned Additional Public Prosecutor has not disputed the report of DNA. The learned Additional Public Prosecutor has submitted that DNA report is already filed before the Sessions Court. The

2 ba848.18 applicant received the copy and filed the same alongwith this Pursis. The main allegation against the applicant is in respect of committing sexual intercourse with the complainant. It is the allegation in the complaint that due to sexual intercourse by the applicant, she become pregnant and delivered a male child on 14th March 2018. As per the DNA report, the applicant is not the biological father of the male child born to the complainant. Looking to the DNA report, the applicant is entitled for bail.

Hence, the following order:- i] The application is allowed.

ii] The applicant be released on bail on furnishing PR/SB in the sum of Rs. 25,000/- with one solvent surety in the like amount.

iii] The Bail bond before the trial Court.

iv] The applicant shall not tamper the evidence of the prosecution witnesses and the applicant shall not leave the jurisdiction of the trial Court without prior permission. JUDGE rkn