Vikas Valmiki Koli v. State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4114 OF 2024 Vikas Valmiki Koli ...Applicant
Versus
The State of Maharashtra and Anr.
...Respondents
....
Mr. Satyavrat Joshi a/w Ms. Reena Prajapati, Advocate for the Applicant.
Mr. Jayesh Rathod, Advocate for the Respondent No.2/Victim. Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 - State. Ms. Vijaya Vanjari,(A.P.I.) Lonikand Police Station, Dist. Pune, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
24th FEBRUARY, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 802 of 2023 registered with Lonikand Police Station, Dist:Pune, [initially registered with Barshi Taluka Police Station, Dist:Solapur Rural vide Crime No.374 of 2023] for the offences punishable under Sections 376(2)(n), 506 of the Indian Penal Code (for short 'IPC') and Sections 4, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 (for Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.04.05 15:45:49 +0530 short 'POCSO Act').
SAJAKALI LIYAKAT JAMADAR
3.
The applicant is the cousin of the victim. He proposed her for marriage. It is alleged that initially she declined, however, later on she agreed to marry him after attaining the age of 18 years. The allegations against the applicant are that he engaged in sexual intercourse with her on the pretext that he would marry her.
4.
I have heard the learned counsel for the applicant, learned A.P.P. for the Respondent-State and the learned counsel for the Respondent No.2-victim.
5.
It appears that applicant and victim were in love relationship. Before the trial Court, the victim has stated that she has no objection, if the applicant is released on bail. The applicant is in jail for one year and three months. Considering the over all 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. 802 of 2023 registered with Lonikand Police Station, Dist:Pune, [initially registered with Barshi Taluka Police Station, Dist:Solapur Rural vide Crime No.374 of 2023] for the offences punishable
under Sections 376(2)(n), 506 of the IPC 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.)