Rajnishkumar S/o. Premlal Mishra v. State of Maharashtra
2021-04-27
V.M.DESHPANDE
body2021
DigiLaw.ai
JUDGMENT : This is an application for regular bail. 2. The applicant is arrested in connection with Crime No. 196 of 2020 registered with Police Station, M.I.D.C. Butibori, Dist. Nagpur (Gramin) for the offence punishable under sections 376(2)(n) and 506 of the Indian Penal Code read with sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 3. Heard Mr. A.K. Bhangade, learned counsel for the applicant and Mr. S.M. Ukey, learned Additional Public Prosecutor for the non-applicant/State. 4. The investigation is over and the charge-sheet is already filed. 5. Mr. Ukey, learned Additional Public Prosecutor also filed reply in this application. The victim at the relevant time was studying in 12th standard and her date of birth is 4-5-2004, which unmistakably suggests that on the date of the incident, the victim was a “Child” within the meaning of section 2(d) of the POCSO Act. 6. According to the prosecution case, parents of the victim, who are labourers, took the victim to the Doctor when the mother noticed that menstrual period of the victim is missed. Sonography was done and in the Sonography, it was found that the victim was pregnant of four months. 7. In the reply in paragraph 5, it has been stated as under : “5. The Investigating Officer collected the blood samples of the victim and the accused and the same was forwarded for DNA report. The DNA report mentions that the present applicant is excluded to be the biological father of ABORTUS labeled as …….(victim’s name).” 8. From the aforesaid it is clear that the applicant is clearly absolved about the fact that the victim got pregnant due to him. Since the entire charge-sheet is filed and in the light of the reply, I pass the following order :— ORDER 1. The criminal application is allowed. 2. Applicant – Rajnishkumar S/o Premlal Mishra be released on bail in connection with Crime No. 196 of 2020 registered with Police Station, M.I.D.C. Butibori, Dist. Nagpur (Gramin) for the offence punishable under sections 376(2)(n) and 506 of the Indian Penal Code read with sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on he executing PR bond of Rs.10,000/- with One solvent surety of the like amount. 3. The applicant is directed to attend Police Station, MIDC Butibori, Dist.
Nagpur (Gramin) for the offence punishable under sections 376(2)(n) and 506 of the Indian Penal Code read with sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, on he executing PR bond of Rs.10,000/- with One solvent surety of the like amount. 3. The applicant is directed to attend Police Station, MIDC Butibori, Dist. Nagpur, once in a month i.e. on last Sunday of every month between 1.00 pm to 2.00 pm till the trial is culminated.