Rohit Vinod Javare v. State Of Maharashtra And ANR

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3530 OF 2025 Rohit Vinod Javare ...Applicant

Versus

State Of Maharashtra and Anr.

...Respondents

Mr. Raj Chourasia with Krishna Shukla, for the Applicant. Ms. Anamika Malhotra, APP for the State-Respondent. PSI - Y. B. Kadam, Kulgaon Police Station, is present.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

In compliance with the order dated 26th September 2025, an official of the institution where the victim was admitted has placed on record, through Ms. Anamika Malhotra, learned APP, a report dated 25th November 2025. The said report is taken on record and marked as 'X' for identification. As per the report, the victim is misbehaving with the authorities as well as with other inmates of the institution. She is responsible for harassing other inmates and it appears that the institution is facing a lot of inconvenience

and difficulty in continuing to keep her in its custody. At the same time, the victim is a minor. While passing the order dated 25th September 2025, I had interviewed her at length. She had complained against her parents that she was not being treated properly by them. The incident that occurred in the Courtroom and recorded in order dated 25th September 2025, itself corroborates her statement. She also reiterated her wish to marry the Applicant herein.

2.

In these circumstances, by order dated 25th September 2025, the Trial Court was requested to frame charges and record her deposition as expeditiously as possible and preferably within a period of three months from the date of the said order.

3.

Today, Ms. Malhotra informs me that neither the charges are framed nor the victim's deposition is recorded. The trial has not progressed at all. Considering the report placed on record by the institution and the harassment of other inmates of the institution by the victim, the Trial Court is once again

requested to frame charges and record the deposition of the victim within a period of 15 days from today. The victim requires shelter, since on one side her parents had threatened her on account of her continued liaison with the Applicant and the other hand, being a minor, albeit an adolescent of 17 years, she still requires protection and shelter as she has no other place to go. Her continued insistence in marrying the Applicant is against her own interests till she remains a minor, considering that the Applicant has antecedents pertaining to POCSO related cases, I am thus, constrained to require the institution to offer shelter to the victim till at least her statement before the Trial Court is recorded. 4.

Ms. Malhotra, at this stage, brings to my notice that the date of hearing before the Trial Court is 10th December 2025. Ms. Malhotra shall communicate this order to the prosecutor appearing before the Trial Court, requesting the Trial Court to prepone the date and record the victim's statement urgently. Mr. Raj Chourasia, learned Counsel for the Applicant, shall

also communicate this order to the Trial Court and shall cooperate with the prosecution in preponing the date before the Trial Court, to enable the said Court to record the victim's statement urgently.

5.

List the matter on 8th December 2025.

(Dr. Neela Gokhale, J)