Pradip Gundappa Byale v. State Of Maharashtra And ANR

10-BA-959-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 959 OF 2024 Pradip Gundappa Byale ...Applicant Vs.

The State of Maharashtra and Others

...Respondents

Mr. Manjunath Kakkalameli with Adv. G. Birajdar, Advocate for Applicant.

Mrs. S. M. Yadav, APP for State-Respondent.

Mr. Saha Shaikh, Advocate for Respondent No. 2. CORAM:- ANIL S. KILOR, J.

DATED:- 15th OCTOBER, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 498 of 2023 registered with Akkalkot North Police Station, for the offences punishable under Sections 376(2)(n), 377 and 506 read with Section 34 of the Indian Penal Code, 1860, Sections 4, 8, 12 of Protection of Children from Sexual Offences Act, 2012 and Section 67-B of Information Technology (Amendment) Act, 2008. 1/2

10-BA-959-24.DOC 3) Having considered the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that by giving threats to the victim, who is a minor, the applicant established physical relations with her numerous occasions and also recorded obscene videos and photographs of the victim and those videos and photographs were made viral.

4) The above referred fact is evident from the seizure panchanama of the mobile phone of the applicant wherein said objectionable videos and photographs were found.

5) Furthermore, the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. 1973 shows the seriousness of the offence.

6) In the circumstances, considering that the offences is serious, I am not inclined to grant bail.

7) Accordingly, the Bail Application is rejected and disposed of. [ANIL S. KILOR, J.] 2/2