Bail application under Section 439 CrPC by an accused in a POCSO case involving an eight-year-old victim. Court found prima facie incriminating material on record and rejected bail, but permitted a fresh application after six months if the trial does not progress.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1069 OF 2024
Harish Nana Kuchekar, Age 19 years, Occ.Labourer, R/o.Shivare, Tal.Bhor, Dist.Pune (Presently at Yerwada Jail)
Applicant
versus
The State of Maharashtra
Respondent
Mr.Ritvk Joshi i/by Mr.Mahesh Hawa for Applicant. Mrs.S.M.Yadav, APP, for State. Ms.Amita Gavkar, Advocate for Respondent no.2.
PC :
1. Heard.
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incidence in detail. There are no allegation of penetrative sexual assault therefore, there are less chance of having any medical evidence. Furthermore the victim was medically examined after about seven days.
MST
1 issue framed by the court
Whether the applicant should be granted bail under Section 439 CrPC in a POCSO case where prima facie incriminating material exists.
4 provisions across 3 enactments
Harish Nana Kuchekar
The State of Maharashtra
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
