Regular bail sought by an accused charged with sexual assault of two minor girls under IPC, POCSO and IT Act. The court found prima facie complicity based on the charge-sheet material, victims' identification and the Probation Officer's statement ruling out tutoring, and rejected the bail application.
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8-BA-879-24-CORRECTED.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 879 OF 2024
Ganesh @ Ganya Hanamanta Asawale ...Applicant Vs. The State of Maharashtra and Others ...Respondents
Mr. Rohan Hogle, Advocate for Applicant. Mrs. Priyanka Rane, APP for State-Respondent. None for Respondent No. 2.
Mr. Pradipsing Sisode, API, Present.
CORAM:- ANIL S. KILOR, J.
DATED:- 18th NOVEMBER, 2024
PC:-
1/3
The order corrected as per order dated 12th December, 2024.
8-BA-879-24-CORRECTED.DOC
victims have stated the name of one of the accused as ‘Ganya’ and since the name of the applicant is Ganesh, police have implicated the applicant in the alleged offence. It is further argued that the mother of the victims was in love with one Ravi, who is the co-accused and the whole village was against their relations, therefore, the girls have falsely implicated the villagers in the alleged offence. He further argued that the statement of Satish Kisan Mohan and the attendance Register of the school show that, both the victim girls left the village one year before, the complaint. Hence, the allegations are false.
The order corrected as per order dated 12th December, 2024.
8-BA-879-24-CORRECTED.DOC
the victims. On the date of lodging of the report, the informant was 10 years old whereas her sister was 7 years old. Moreover, both the victims have identified the applicant on showing them the photo of the applicant.
[ANIL S. KILOR, J.]
3/3
The order corrected as per order dated 12th December, 2024.
1 issue framed by the court
Whether the applicant should be granted bail under Section 439 CrPC in a POCSO case involving sexual assault on two minor girls.
5 provisions across 4 enactments
Ganesh @ Ganya Hanamanta Asawale
The State of Maharashtra
Anil S. Kilor
As recorded by the court registry
15 orders share this CNR
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