Amar Rahim Shaikh v. The State Of Maharashtra And ANR

922-ba-1701-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1701 OF 2024 Amar Rahim Shaikh ...

Applicant V/s.

The State of Maharashtra and Anr.

...

Respondents ------------------- Mr. Prabhakar M Jadhav, for the applicant.

Ms. Poonam Bhosale, APP, for the Respondent / State. Ms. Pooja Deshmukh, appointed through legal aid, for respondent no. 2.

--------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.09.06 16:02:39 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

5th SEPTEMBER, 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.785 of 2023, registered with Akluj Police Station, District: Solapur for the offences punishable under Sections 376(2)(N), 366(A), 363 read with 34 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act.

3.

Having gone through the charge-sheet and the material collected by the IO and the statement of victim recorded under section 164 of Cr.P.C, it is evident that the applicant is a married one who is varsha

922-ba-1701-2024.doc having 2 children and was 36 years old, whereas the victim was 17 years old on the date of incident. Knowing that he is married one and the victim is minor, he promised to perform marriage with her and establish physical relations with her.

4.

The IO has collected sufficient incriminating material against the applicant to show his complicity in the alleged offence. Thus, considering the seriousness of the offence and the maximum punishment provided under the Act, I am not inclined to grant bail. Accordingly, it is rejected.

(ANIL S. KILOR, J) varsha