Aniket Siddheshwar Sarvale v. The State Of Maharashtra

1 8.3063.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3063 OF 2018 Aniket Siddheshwar Sarvale .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Ritesh Thobde for the applicant Mr. N. B. Patil APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

MARCH 1, 2019.

P.C.

After arrest on 28/03/2018, applicant is seeking regular bail in Crime No. 201/2018 registered with Foujdar Chawadi Police Station, Solapur for offence punishable under Sections 363, 366, 366(A), 376 (2)(I), 354, 354 (A) of the Indian Penal Code and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

The victim girl was below 14 years of age on the date of offence.

2 8.3063.18 ba.doc The medical evidence supports the case of prosecution. Even if presumed that victim, from the material available on record was in love with the applicant, cannot be a ground to grant regular bail, particularly when the applicant was major.

In the aforesaid background, no case for bail is made out. Application stands rejected. Liberty to approach afresh, in case if the charge is not framed within period of six months. It is made clear that the observations made herein above are prima facie in nature and restricted to consideration of bail application.

[NITIN W. SAMBRE, J.]