Rambabu Ramkishor Yadav v. State Of Maharashtra

10 1910-25.doc Laxmi Sontakke (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. 1910 OF 2025 LAXMI SUBHASH SONTAKKE Rambabu Ramkishor Yadav .. Applicant

Versus

The State of Maharashtra & Anr.

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

 Mr. Shubham Paygude a/w Rushikesh Gaikwad, Advocates for Applicant.

LAXMI SUBHASH SONTAKKE Date: 2025.05.08 16:39:02 +0530  Mr. Sukanta Karmakar, AGP for the State.

 Ms. Mehak P. i/b. Sufyan Mirchiwala for Org. Complainant.  V. J. Dhumal, PSI, Tardeo Police Station.

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

CORAM

: MILIND N. JADHAV, J.

DATE : MAY 07, 2025 P.C.

:

1.

Heard Mr. Shubham, learned Advocate for Applicant, Ms. Mehak for Original Complainant and Mr. Karmakar, learned APP for Respondent.

2.

At the outset learned Advocate informed the Court that Prosecutrix has not been impleaded as party to the present Application. 3.

In view of the indictment of Applicant for the offences under BNS and POCSO, amendment is directed to be carried out forthwith. The Prosecutrix is directed to be impleaded as Respondent No.2. Amendment is permitted to be carried out in the presence of the Court. Re-verification is dispensed with.

4.

This is an Application under Section 439 of Code of Criminal

10 1910-25.doc Procedure, 1973 (for short 'Cr.P.C.') seeking Bail in connection with C.R. No. 0373 of 2024 for the offences punishable under Sections 64(2)(f), 64(20(i), 64(2)(m), 74, 65(1), 115(2), 351(2) of Bhartiya Nyay Sanhita, 2023 and Sections 4, 8, 6 and 12 of Protection of Children from Sexual Offences Act, 2012 registered with Tardeo Police Station.

5.

Applicant in the present case is indicted for the aforesaid offences and is in incarceration for the past 8 months. Applicant is the father of the victim.

6.

Ms. Mehak enters appearance on behalf of Prosecutrixvictim. She would persuade the Court to consider taking on record affidavit of the victim, wherein it is stated that the victim has married subsequently and she would like to withdraw the allegation in the FIR. Copy of the said affidavit is directed to be served on Prosecution and the Advocate for the Applicant.

7.

List the matter on regular board on 15th July 2025. 8.

In the meanwhile, Registry is directed to accept the Vakaltnama of learned Advocate for the Prosecutrix-victim. Laxmi Sontakke [ MILIND N. JADHAV, J. ]