Yashwant Halya Thakare v. State Of Maharashtra

29-ba-1208-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1208 OF 2024 Yashwant Halya Thakare ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Ms. Smita Gaidhani, for the applicant.

Mr. Pankaj Deokar, APP, for the Respondent / State.

CORAM

:

ANIL S. KILOR, J.

DATE :

12TH NOVEMBER, 2024.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.11.14 10:52:25 +0530 VARSHA DEEPAK GAIKWAD PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. I-33 of 2021, registered with Manor Police Station, for the offences punishable under Sections 376 and 376 (a) (b) of the Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences, 2012.

3.

Having gone through the charge-sheet and the relevant material collected by the IO during the investigation and further on perusal of the CA report, it is evident that semen was found on the nicker of the victim. The victim was 8 years and 2 months old at the time of alleged incident.

varsha

29-ba-1208-2024.doc 4.

The learned counsel for the applicant states that there is no medical evidence to support the case of the prosecution. On perusal of the statement of the victim recorded under section 164 of Cr.P.C. it can be seen that there are no allegations of penetration. However, she has stated that there was a discharge of semen which was found on the nicker of the victim.

5.

Thus, considering the incriminating material available against the applicant and as the offence is very serious, I am not inclined to grant bail. Accordingly, it is rejected. 6.

Considering the mandate of Section 35 of the POCSO Act, the learned trial Court shall make an endeavour to decide the trial expeditiously.

(ANIL S. KILOR, J) varsha