Sunil Irappa Yantman v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2400 OF 2024 Sunil Irappa Yantman ...Applicant
Versus
The State of Maharashtra And Anr.
...Respondents
....
Ms. Shubhangi Parulekar, Advocate for the Applicant through V.C. Adv. Swatantri Waghmare, Advocate for the Respondent No.2. Mrs. G. S. Rao, A.P.P. for the Respondent No.1- State. Mr. Gautam Jagtap(PSI), Dighi Police Station, Pimpri Chinchwad, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
8th APRIL, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 66 of 2023 registered at Dighi Police Station, District : Pune for the offences punishable under Sections 363, 376, 376(2)N), 354(D), 504 and 506 of the Indian Penal Code and Sections 4, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
3.
According to the prosecution though the applicant was aware that the victim was minor he induced her to elope with him and subjected her to sexual intercourse. 4.
I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent No.1-State and learned counsel for the Respondent No.2.
5.
The learned counsel for the applicant has drawn my attention to the history narrated by the victim at the time of her medical examination. The victim has stated that she and the applicant were in love relationship and the alleged act of sexual intercourse was consensual. It is submitted that the applicant is in jail for two years and the trial has not commenced.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that at the relevant time the victim was 17 years old. It is submitted that considering the nature of offence, the applicant may not be released on bail. 7.
The applicant is in jail for two years and the trial has not commenced. Considering the overall facts and
circumstances, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 66 of 2023 registered at Dighi Police Station, District : Pune for the offences punishable under Sections 363, 376, 376(2)N), 354(D), 504 and 506 of the Indian Penal Code and Sections 4, 8 & 12 of the POCSO Act, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) Application stands disposed of accordingly.
(N. R. BORKAR, J.)