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Bombay High CourtBA/1180/2024disposed off

Yuvraj Shivaji Gurav v. The State Of Maharashtra And ANR

2025-11-10Hon'Ble Shri Justice Shyam C. Chandak3 pages

Prasad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1180 of 2024 Yuvraj Shivaji Gurav ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Niranjan Mundargi a/w Veerdhawal Deshmukh, for the Applicant.

Ms. Megha S. Bajoria, APP for the Respondent - State. Ms. Mallika Sharma, for the Respondent No.2.

IO - S.R. Padvi, Pantnagar Police Station, present.

CORAM

Dr. Neela Gokhale, J.

DATED:

10th NOVEMBER 2025 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.118 of 2023 dated 9th March, 2023, registered with the Pant Nagar Police Station, for the offences punishable under Sections 376, 376(2)(n), 376(2)(i), 376(3), 509, 323 and 506 of the Indian Penal Code, 1860 ('IPC') and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO') .

2.

At the very outset, Mr.Mundargi, learned counsel for the Applicants states that the Applicant was arrested on 9th March, 2023. He concedes that victim was about 15 years of age at the time of the incident while the Applicant was 32 years of age. He submits that the Applicant has two minor children.

3.

Ms.Bajoria, learned APP, representing the State, has tendered on record the statement of the victim recorded under Section 164 of the Cr.PC. The statement is by and large consistent with her statement given to the police earlier. 4.

Be that as it may, considering that the Applicant has two minor children and his wife is a homemaker and there is no other means of livelihood for the two children as also the fact that the Applicant has already suffered incarceration of 2 years and 8 months, I am of the opinion that interest of justice will be subserved if the Trial Court is requested to frame the charges and record the evidence of the victim within a period of four months from the date on which the present order is placed before the it.

5.

The present Bail Application will be considered once the evidence of the victim is recorded.

6.

Stand over to 11th February, 2026.

7.

In the meantime, liberty is granted to the Applicant to mention the matter for hearing in case the evidence is recorded by the Trial Court earlier. (Dr. Neela Gokhale, J)