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Bombay High CourtBA/3414/2025disposed off

Nelson Joseph Taiparambil v. State Of Maharashtra And ANR

2025-09-04Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

6-BA-3414-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3414 OF 2025 Nelson Joseph Taiparambil ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

__________ Mr. Rahul Yadav, learned Advocate for the Applicant. Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

4th SEPTEMBER 2025.

P.C. :

1.

Heard Mr. Rahul Yadav, learned Advocate for the Applicant and Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent.

2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 191 of 2022 registered with Wanwadi Police Station, District-Pune City for the offences punishable under Sections 363, 376(2)(j)(l), 354, 354(a), 354(b), 328 read with 34 of the Indian Penal Code, 1860 and Sections 4, 8, 10 & 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

Mr. Rahul Yadav, learned Advocate for the Applicant submits that the abovesaid crime is registered as Special Session Case No. Gitalaxmi

6-BA-3414-2025.doc 568 of 2022 and is pending before the Court of Special Judge, Pune (Under POCSO Act).

4.

After having heard the matter for some time and this Court having expressed its view of not being inclined to entertain the present Bail Application, Mr. Rahul Yadav, learned Advocate for the Applicant on instructions from the Applicant, craves leave to withdraw the present Bail Application with liberty to file a fresh Bail Application before the learned Trial Court in the event of change in circumstances.

5.

Request made by Mr. Rahul Yadav, learned Advocate for the Applicant is not objected to by Ms. Anamika Malhotra, learned A.P.P. for the State/Respondent.

6.

In view of the above, leave to withdraw the present Bail Application with liberty as prayed for, is granted. In the event, any such Application is filed by the Applicant before the Trial Court, then the same be considered on its own merits and in accordance with law.

7.

Criminal Bail Application No. 3414 of 2025 is dismissed as withdrawn with the liberty as prayed.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.09.05 17:16:32 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi