In a bail application under Sections 376(g), 366, and 366A IPC arising from serious sexual offences involving a minor, the court observed that despite co-accused being on conditional bail, the applicant's active role and risk of absconding preclude bail.
Application for grant of bail was rejected/denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
Criminal Application (BA) No. 175 of 2012 Ankit v. State of Maharashtra
----------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders.
Mr R.M. Daga, Adv for applicant Ms R. Deshpande, APP for State
Coram: A.P. Bhangale, J
Dated : 29th March 2012
grant of bail on parties with co-accused viz. Dinesh, Pawan and Arpit who have been earlier granted benefit of conditional bail.
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Sections 376 (g), 366 and 366A of the Indian Penal Code. The date of birth of prosecutrix is 9.11.1994 and the incident occurred on 13.10.2011. Active role is attributed to the applicant inasmuch as it is alleged that after the victim girl was taken to hilly area, she was made to lie down by the side of the bushes and applicant Ankit committed rape on her. Hence, merely because the co-accused have been released on bail, this applicant cannot get the same benefit. It has been prima facie found that other accused had helped interception of victim girl and active role in commission of rape was not attributed to them.
Judge.
Hsj
1 issue framed by the court
Whether bail should be granted to the applicant considering the serious nature of charges of rape and abduction of a minor.
1 provisions across 1 enactments
Ankit
State of Maharashtra
A.P. Bhangale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
