Ravi Balu Gangurde v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3030 OF 2024 Ravi Balu Gangurde ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Abhishek Kulkarni a/w Mr. Sagar Wakale, Advocate for the Applicant.

Mrs. Anamika Malhotra, A.P.P. for the Respondent No.1 - State. Ms. Dhruti Kapadia, Appointed Advocate for the Respondent No.2.

....

CORAM

:

N. R. BORKAR, J.

DATE :

25th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.596 of 2021 registered at Chandwad Police Station, District : Nashik, for the offences punishable under Sections 363, 366, 376(N), 376(3) of the Indian Penal Code and Sections 3(A), 4, 5, (J)(2)(L), 6 and 8 of the Protection of Children from Sexual Offences Act.

3.

According to the prosecution, though the applicant was aware that the victim at the relevant time was minor he made 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-State and learned counsel for the Respondent No.2/Victim.

5.

The learned counsel for the applicant submits that the applicant and the victim had stayed together for about one and half years as husband and wife. It is submitted that alleged physical relations were consensual.

6.

On the other hand, the learned A.P.P. for the Respondent No.1-State and learned counsel for the Respondent No.2/Victim submit that the victim during the relevant period was hardly aged about 14 years. It is submitted that considering the said fact, the applicant may not be released on bail.

7.

I have perused the statement of the victim. It appears from her statement that for about one and half years, she stayed with the applicant. Considering the overall facts and circumstances of the case, 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.596 of 2021 registered at Chandwad Police Station, District : Nashik, for the offences punishable under Sections 363, 366, 376(N),

376(3) of the Indian Penal Code and Sections 3(A), 4, 5, (J)(2)(L), 6 and 8 of the Protection of Children from Sexual Offences 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.)