Dnyaneshwar @ Dnyandeo ... vs The State Of Maharashtra
2017 Latest Caselaw 6307 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 CRIMINAL APPELL ATE JURISDICTION

               CRIMINAL BAIL APPLICATION NO.1511 OF 2017


      Dnyaneshwar @ Dnyandeo Ramchandra Maral..Applicant.
                  V/s.
      The State of Maharashtra               ..Respondent.

      Mr.Jaydeep Mane for the Applicant.

      Mr.S.S.Hulke, APP for the Respondent-State.


                                       CORAM : T.V.NAL AWADE, J.

DATED : 16 AUGUST 2017

P.C.:-

This application is filed for bail in C.R.No.146/2017 for

the offence punishable under sections 363, 366(A), 376(i) of the

IPC and section 4 and 8 of the POSCO Act registered with ther

Karmala police station, Solapur. Both the sides are heard. The papers

of investigation are produced for perusal.

2. The material collected against the Applicant shows that

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on the date of incident, the Applicant gave a call to the victim girl,

who was aged about 16 years. The Applicant threatened that he will

commit suicide if she does not come with him and by saying, he took

the victim girl Madhura and he committed sexual intercourse with

the girl by giving her promise of marriage. Even the medical report

is consistent with the aforesaid allegations made against the

Applicant.

2. Learned counsel for the Applicant states that the boy is

aged about 23 years and that they had love affairs and the girl left her

house of on her own accord. This submission cannot be considered

at this stage. Considering the age of the victim girl and that the

Applicant has subjected her to sexual intercourse, there is a prima

facie offence of rape. In view of the age of the victim girl, the

provision of sections of POSCO Act have been applied in this case.

There is possibility of tampering of evidence if the Applicant is

released on bail. This Court finds that this is not a fit case to grant

bail. The application is rejected.

(T.V.NAL AWADE, J.)