MANDIP GYAN SINGH vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

911.BA.2657.2024.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2657 OF 2024 Mandip Gyan Singh .. Applicants Versus The State of Maharashtra and Anr. .. Respondent ....................  Ms. Anjali Patil a/w Mr. Tohid Shaikh , Advocate for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent No. 1 – State.  Mr. Karan R. Kadam, Advocate for Respondent No. 2.  Mr. H.G. Jaikar, PSI, NRI Costal Police Station, Navi Mumbai. ......…........... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 13, 2025. P.C.: 1. Heard Mr. Shaikh, learned Advocate for Applicant, Ms. Newton, learned APP for Respondent No. 1 – State and Mr. Kadam, learned Advocate for Respondent No. 2. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking Regular Bail in connection with C.R.No. 208 of 2022 registered with N.R.I. Costal Police Station, Navi Mumbai for offences punishable under Sections 363, 376 (2) (j) (n) of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 4,8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’). Applicant is incarcerated for the past 1 year 6 months and 11 days. 1 of 13 911.BA.2657.2024.doc 3. Gist of prosecution case is that First Informant i.e. father of the prosecutrix lodged a missing complaint on the intervening night of 17.08.2022 and 18.08.2022. Prosecutrix went missing on 17.08.2022, family of the prosecutrix learnt about this when she did not return home on 17.08.2022. Mother of prosecutrix found that cash amount of Rs. 20,000/- from the house kept in the cupboard was missing. Prosecutrix returned back on 01.09.2022. She was dropped by the Applicant outside Panvel Police Station on the morning of 01.09.2022. She rec