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Bombay High CourtBA/2200/2024rejected

Rampravesh Omprakash Sahani v. State Of Maharashtra

2024-10-22Hon'Ble Shri Justice Anil S. Kilor2 pages

28-BA-2200-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2200 OF 2024 Rampravesh Omprakash Sahani ...Applicant Vs.

The State of Maharashtra and Others

...Respondents

Mr. Satyavarat Joshi i/b Ms. Sakshi Mane, Advocate for Applicant. Mrs. Priyanka S. Rane, APP for State-Respondent. Ms. Tahera Qureshi, Advocate for Respondent No. 2. Ms. Asmita Lad, PSI, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 22nd 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. 123 of 2023 registered with Warje Malwadi, Police Station, Pune for the offences punishable under Sections 307, 452, 427, 354 and 354-A read with Section 34 of the Indian Penal Code, 1860, Section 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, Sections 37(1)

(3) read with Section 135 of the Maharashtra Police Act, 1951. 1/2

28-BA-2200-24.DOC 3) The learned Counsel for the applicant states that considering the injuries and the role attributed to the applicant on the ground that the applicant is in jail from last one year and since the charge-sheet has been filed, he may be granted bail.

4) The learned APP and the learned Counsel for the informant opposed the application.

5) Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that the applicant and the co-accused had weapons with them and not only they breaked the main door but on finding that the victims entered into a bedroom to save themselves from the accused as they were scared, the accused had also broken the said door and assaulted the victims.

6) Thus, the above-referred act on the part of the accused speaks volumes about the intention of the accused including the applicant. The injuries caused to the victim are also serious. Thus, considering the seriousness of the offence, I do not find this application as a fit case for grant bail. Accordingly, the application is rejected and disposed of. 7) Considering the period of incarceration, liberty is granted to the applicant to apply afresh after one year, if there is no progress in trial. [ANIL S. KILOR, J.] 2/2