Mayur Raju Wankhede v. State Of Maharashtra And ANR

63.BA.879.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.879 OF 2025 Mayur Raju Wankhede .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ....................

 Mr. Aniket Nikam a/w. Mr. Dushyant Digamber, Advocates i/by Mr. Sumit Patil for Applicant.

 Ms. Megha S. Bajoria, APP for Respondent No.1.  Mr. Viral Mukte, Advocate for Respondent No.2 appointed through legal aid.

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

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 01, 2025 P.C.

:

1.

Heard Mr. Nikam, learned Advocate for Applicant; Ms. Bajoria, learned APP for Respondent No.1 and Mr. Mukte, learned Advocate for Respondent No.2 appointed through legal aid. 2.

In compliance of order dated 17.03.2025, Mr. Mukte enters appearance on behalf of Respondent No.2. He would persuade the Court to grant him some time to take instructions from the victim / her legal guardian i.e. her father to enable him to apprise the Court. The concerned Investigating Officer and learned APP is directed by this Court to assist the appointed Advocate so that he can take appropriate instructions from Respondent No.2.

3.

Mr. Nikam, learned Advocate appearing for Applicant would

63.BA.879.2025.doc persuade the Court to consider the fact that Applicant is indicted under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 for kidnapping of victim. That apart, Applicant is also indicted under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Section 126(2) of the Bharatiya Nyaya Sanhita, 2023 which is for wrongful restrain. 4.

Learned APP shall take appropriate instructions on the same from the concerned Investigating Officer.

5.

Mr. Mukte would inform the Court that medical report of Applicant is appended on record. However, he would submit that if prosecution has recorded the statement under Section 164 of the Code of Criminal Procedure, 1973 the same may be directed to be placed on record.

6.

Learned APP appearing in the matter shall place on record the statement under Section 164 of the Code of Criminal Procedure, 1973 if any, if it has been so recorded by prosecution to enable the Court to consider the Application of Applicant. 7.

Stand over to 08th April, 2025. To be placed under the caption 'For Directions'.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.04.02 14:34:58 +0530 HARSHADA HANUMANT SAWANT