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Bombay High CourtBA/2542/2025disposed off

Nisar Chand Pathan v. State Of Maharashtra And ANR

2025-07-01Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

2025:BHC-AS:26397 3-BA-2542-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2542 OF 2025 Nisar Chand Pathan ... Applicant.

Vs.

State Of Maharashtra & Anr.

... Respondents.

--- Ms. Priyanka Deshpande for the Applicant (Appeared through V. C.). Ms. Veera Shinde, APP for the Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 1st JULY, 2025.

P.C. :

1.

Heard Ms. Priyanka Deshpande, learned advocate for the Applicant, and Ms. Veera Shinde, learned APP for the Respondent State.

2.

By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNNS), the Applicant is seeking bail in connection with Cr. No. 535/2024, registered with Vimantal Police Station, Dist- Pune, for the offences punishable under Section 64(1), 64(2), 65(2), 75(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4, 8 and 10 of Protection of Children from Sexual Offences Act, 2012.

Harish

3-BA-2542-2025.odt 3.

Applicant is Accused No. 1 in the said crime. Bail Application filed by the Applicant was rejected by order dated 28th April 2025.

4.

After having heard the matter for some time and this Court having expressed its view of not being inclined to entertain the Application, Ms. Priyanka Deshpande, learned advocate for the Applicant on instructions from the Applicant craves leave to withdraw the present Bail Application by seeking liberty to file a fresh Bail Application before the learned Trial Court upon examination of the victim. Leave as prayed is granted. In the event, any such Application is filed, the same shall be considered on its own merits and in accordance with law.

5.

In view of the above, Bail Application No.2542/2025 is dismissed as withdrawn with liberty as above. [ ASHWIN D.BHOBE, J.] Harish Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 02/07/2025 19:55:20