RUPESH TUKARAM KONDHALKAR vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

18.BA.4504.2024.doc HARSHADA H. SAWANT (P.A.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4504 OF 2024 Rupesh Tukaram Kondhalkar .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Ms. Sana Shaikh a/w. Ms. Maya Updeshe, Ms. Nisha Lakariya, Mr. Vipul Ghate, Mr. Pratik Thadani and Ms. Ruha Shaikh, Advocates for Applicant.  Ms. Mahalakshmi Ganapathy, APP for Respondent No.1.  Ms. Priyanka Brahmdev Chavan, Advocate for Respondent No.2 appointed through legal aid. ................... CORAM : MILIND N. JADHAV, J. DATE : APRIL 23, 2025 JUDGEMENT: 1. Heard Ms. Shaikh, learned Advocate for Applicant; Ms. Ganapathy, learned APP for Respondent No.1 and Ms. Chavan, learned Advocate for Respondent No.2 appointed through legal aid. 2. This is an Application under Section 439 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with C.R. No.309 of 2022 registered with Koparkhairane Police Station for offences punishable under Sections 376 (3) of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). 3. The First Informant is the mother of victim. The date of First Information Report (for short ‘FIR’) is 03.07.2022. The tenure of the 1 of 24 18.BA.4504.2024.doc incident alleged in the FIR is from 26.01.2022 to 02.02.2022. In the FIR, First Informant has stated that on 26.01.2022 her daughter namely prosecutrix who was living in village – Abhipuri, Taluka – Bhor, District – Pune was visiting her maternal aunt's residence at Mankhurd, Mumbai for two – three days, when Applicant who is cousin brother of prosecutrix from her paternal side arrived there and invited her to visit h