Santosh Laxman Chavan v. The State Of Maharashtra

Sajakali Jamadar 916-aba-2804-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2804 OF 2019 Santosh Laxman Chavan ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Umesh R. Mankapure, Advocate for the Applicant. Smt. Veera Shinde, APP for the State-Respondent. .....

CORAM :

PRAKASH D. NAIK, J.

DATE : 19th December, 2019 PC :

1.

This is an application for anticipatory bail in connection with C.R. No. 480 of 2019 registered with Akkalkot police station, Dist. Solapur for offence punishable under Section 376 of IPC and Sections 10, 4, 5, 6 & 9 of Protection of Children from Sexual Offences Act, 2012.

2.

The case of the prosecution is that On 28th September, 2019 the victim who is aged about 14 years had complained to her mother that she was having stomach pain. she was taken by her mother to the hospital and after checking, it was revealed that she was pregnant. On questioning by mother the victim stated that the applicant had committed sexual assault on her.

Sajakali Jamadar 916-aba-2804-19.doc 3.

Learned APP submits that the victim has delivered child. The counsel appearing for the applicant submits that the applicant is willing to marry the victim after she attains majority. 4.

The victim is minor aged about 14 years. The applicant is 35 year old married person. He is named in the FIR, victim has disclosed that she was sexually assaulted by the applicant. The statement of the victim was recorded and she has supported the version reflected in the FIR. Hence, No case for grant of bail is made out.

O R D E R

Anticipatory Bail Application No. 2804 of 2019 is rejected and stands disposed of accordingly.

(PRAKASH D. NAIK, J.)