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Bombay High CourtBA/480/2025allowed

Adesh Vasant Ulvekar v. State Of Maharashtra And ANR

2025-04-22Hon'Ble Shri Justice N. R. Borkar3 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2025.04.22 19:45:45 +0530 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 480 OF 2025 Adesh V. Ulvekar ...Applicant V/s.

State of Maharashtra & Anr.

...Respondents.

..............

Adv. Ganesh Gupta a/w. Adv. Jagrut Patil, Adv. Sahil Ghorpade, Adv. Madan Khansole and Adv. Surya P. Gutpa i/b G.G. Legal Associates for the Applicant.

Mrs. Gauri S. Rao, APP for the Respondent/State. Ms Roshni Naaz (through VC) a/w. Ms Priyanka Rathod for Respondent No.2.

API Vijay Kamble, Kalamboli Police Station present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

22.04.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.149 of 2024 registered at Kalamboli Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 354, 354-A, 500 and 506 of the Indian Penal Code, Sections 4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 of the Protection of Children from Sexual Offences Act and 66(E) of the Information Technology Act. 3.

It is the case of the prosecution that the present applicant had repeatedly committed forcible sexual intercourse with the victim.

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4.

I have heard the learned counsel for the applicant, the learned APP for the respondent - State and the learned counsel for respondent No.2/victim.

5.

The learned counsel for respondent No.2/victim has tendered the affidavit of victim, who is now major. The learned counsel for respondent No.2/victim submits that the victim has no objection if the applicant is released on bail.

6.

The victim is present in the Court. Learned APP has interacted with the victim. Learned APP submits that the victim wants to forget her past and wants to pursue her further studies. 7.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail, subject to certain conditions. 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 C.R. No. 149 of 2024 registered at Kalamboli Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 354, 354-A, 500 and 506 of the Indian Penal Code, Sections 4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 of the Protection of Children from Sexual Offences Act and 66(E) of the Information Technology Act on furnishing P.R Bond in the 2/3

sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount, subject to deposit of Rs.5,00,000/- (Rupees Five Lakhs) in the fixed deposit receipt in the name of victim for a period of three years. D] The victim would be entitled to withdraw the said amount after the period of three years is over. E] List the application for compliance on 02.05.2025. [N.R.BORKAR, J.] 3/3