Rushikeash @ Sonu Bharat Ranware v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5052 OF 2024 Rushikesh @ Sonu Bharat Ranware ...Applicant

VERSUS

The State of Maharashtra & Anr.

...Respondents

....

Ms. Pallavi Kakade a/w Ms. Vrushali Maindad a/w Mr. Ranjeet Jagtap a/w Mr. Kunal Rathod, Advocate for the Applicant. Mr. S. V. Walve, A.P.P. for the Respondent - State. Mr. Ashok Manik Misal, Advocate for Respondent No.2. ....

CORAM

:

N. R. BORKAR, J.

DATE :

29.04.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 870 of 2023 registered at Akluj Police Station, Dist- Solapur Rural for the offences punishable under Sections 363, 366(A), 34, 376, 376(2)(N) & 417 of the Indian Penal Code, under Sections 4, 8, 12 & 17 of the Protection of Children from Sexual Offences Act and under Section 3(1)/181 & 5(1)/181 of the Motor Vehicles Act.

3.

It is the case of the prosecution that though the applicant was aware that the victim is minor, he made her to elope with him and committed forcible sexual

intercourse with her.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

The learned counsel for the applicant submits that there was a love affair between the applicant and the victim. It is submitted that the alleged physical relationship was consensual. It is submitted that the applicant is in jail for one year and four months and the trial has not commenced.

6.

On the other hand, the learned APP for the Respondent/State and learned counsel for the respondent/victim submit that during the relevant period the victim was minor. It is submitted that considering the nature of offence the applicant may not be released on bail.

7.

I have perused the statement of the victim. It appears that the applicant and the victim were in a love relationship. The applicant is in jail for one year and four months and the trial is still at the stage of framing of charge. Considering the said facts, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 870 of 2023 registered at Akluj

Police Station, Dist- Solapur Rural for the offences punishable under Sections 363, 366(A), 34, 376, 376(2)(N) & 417 of the Indian Penal Code, under Sections 4, 8, 12 & 17 of the Protection of Children from Sexual Offences Act and under Section 3(1)/181 & 5(1)/181 of the Motor Vehicles Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not contact the victim.

D] The applicant shall not tamper with the prosecution evidence.

8.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)