MOHAMMED AJAAN KHAN vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

914-BA-4621-2024.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4621 OF 2024 Mohammed Ajaan Khan .. Applicant Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Viral Mukte a/w Mr. Bilal A. Motorwala, Advocates for Applicant.  Ms. M.S. Bajoria, APP for Respondent No.1 – State.  Ms. Gargi Warunjikar, Advocate for Respondent No.2 – prosecutrix. ................... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 13, 2025 JUDGMENT: 1. This is an Application under Section 439 of CrPC 1 seeking Regular Bail in connection with C.R. No. 300/2024 lodged at Wadala T.T. Police Station, Mumbai for offences punishable under Sections 376, 376(3) and 376(2)(n) of IPC2 read with Section 4, 6, 8 and 12 of POCSO3. 2. This Court (Coram: Manish Pitale, J.) by order dated: 13.01.2024 issued notice to Respondent No.2 – prosecutrix and since she was not represented on the next adjourned date, this Court, by order dated 06.02.2025 appointed Ms. Gargi Warunjikar to espouse and represent the cause of the prosecutrix and stood over the matter 1 Code of Criminal Procedure, 1973 2 Indian Penal Code, 1860 3 Protection of Children from Sexual offences Act, 2012 1 of 13 914-BA-4621-2024.docx today. Ms. Warunjikar has addressed me today so also learned Advocate for the Applicant, Mr. Mukte and Ms. Bajoria, learned APP. 3. Prosecution case in brief is that Applicant committed rape repeatedly on the prosecutrix for over a period of 15 months from January 2023 to April 2024. Applicant was 22 years old and prosecutrix was 16 years old on the date of filing of F.I.R. 4 which is appended at page No.20 of the Bail Application. 4. Prosecution case finds its basis on the statement of prosecutrix in the FIR filed on 30.04.