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High Court of Judicature at Bombay Considers Bail Application under Section 439 Cr.P.C. in POCSO Case Involving Allegations of Aggravated Sexual Assault. The Application Pertains to C.R. No. 309 of 2022 Registered at Koparkhairane Police Station for Offences under Section 376(3) IPC and Section 6 of POCSO Act.

High Court: Bombay High Court Bench: BOMBAY
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2026-08-24 15:12:34
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Issue of Consideration

Whether the applicant is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. No. 309 of 2022 for offences under Section 376(3) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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Case Details

2025 LawText (BOM) (04) 49

Bail Application No. 4504 of 2024

2025-04-23

Milind N. Jadhav, J.

2025:BHC-AS:18202

Ms. Sana Shaikh, Ms. Maya Updeshe, Ms. Nisha Lakariya, Mr. Vipul Ghate, Mr. Pratik Thadani, Ms. Ruha Shaikh (for Applicant); Ms. Mahalakshmi Ganapathy, APP (for Respondent No.1); Ms. Priyanka Brahmdev Chavan (for Respondent No.2)

Rupesh Tukaram Kondhalkar

The State of Maharashtra and Anr.

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Nature of Litigation

Criminal bail application under Section 439 of the Code of Criminal Procedure, 1973.

Remedy Sought

Applicant sought bail in connection with C.R. No. 309 of 2022 for offences under Section 376(3) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Filing Reason

The applicant was arrested/charged in C.R. No. 309/2022 and sought release on bail pending trial.

Issues

Whether the applicant is entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, considering the nature and gravity of the offences.

Judgment Excerpts

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. 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’). 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 incident alleged in the FIR is from 26.01.2022 to 02.02.2022.

Procedural History

The bail application was filed under Section 439 of Cr.P.C. The matter was heard on April 23, 2025, and judgment was pronounced by the High Court of Judicature at Bombay.

Acts & Sections

  • Code of Criminal Procedure, 1973: 439
  • Indian Penal Code, 1860: 376(3)
  • Protection of Children from Sexual Offences Act, 2012: 6
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Tags :
bail POCSO Section 376(3) IPC Section 6 POCSO Act child sexual abuse Koparkhairane C.R. No. 309/2022

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