Prakash Bapu More And ANR v. The State Of Maharashtra

6-BA1138-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1138 OF 2024 Prakash Bapu More & Anr.

...

Applicants.

V/s.

The State of Maharashtra ...

Respondent.

------------------- Mr Samir A. Vaidya a/w Lubdha Bhoir & Tejali Jagdhane, Advocates for Applicant Ms Ashwini A. Takalkar, APP for the State.

PHC R.D. Bhuneshwar, PS Mhasala.

by RAJIV BABARAOJI RAUT Date: 2024.10.17 11:11:16 +0530 RAJIV BABARAOJI RAUT ---------------------

CORAM

:

ANIL S. KILOR, J.

DATED :

OCTOBER 16, 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.127 of 2022, registered with Mhasla Police Station, District: Raigad for the offences punishable under Sections 376D, 376L of the Indian Penal Code, Section 4/25 of the Arms Act, Sections 3 and 7 of the Criminal Law Amendment Act and Sections 37(1)(3), 135 of the Maharashtra Police Act.

RRaut

6-BA1138-2024.doc

3. This is a successive bail application by the applicants after withdrawal of the first bail application. No change in circumstances have been pointed out by the applicants after withdrawal of the first bail application on showing disinclination by this Court to grant bail. Thus, the application deserves to be rejected on this count alone.

4. However, even on merit, after going through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that the applicants who are the senior citizens taking disadvantage of the victim, who is a mentally challenged girl, committed sexual intercourse and out of which now she has given birth to a child. As far as DNA Report is concerned, it is positive and matches with the DNA of the applicant No.2 who is accused No.2 in the present matter.

5. Thus, considering the material collected by the Investigating Officer during the investigation and further considering that the offence is heinous one, I do not find any merit in the matter to consider the request of the applicant for grant of bail. Accordingly, it is rejected.

The Criminal Bail Application is disposed of accordingly. (ANIL S. KILOR, J) RRaut