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Synopsis

The Bombay High Court has recently granted bail to a man who was accused of raping a minor girl.

A single-judge bench of the high court comprising Justice Anil Kilor was hearing a bail application filed by a man who was booked by Pandharpur Taluka Police Station in Sangli.

The man was booked for rape under the provisions of the Indian Penal Code, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and POCSO Act 2012.

The bench after perusing the details of the investigation and chargesheet found that the victim along with the boy stayed together at Madhavnagar, Sangli for a month. During this time, it was alleged the boy committed rape on the girl.

The high court said that both of them were mature enough to understand the consequences of their actions.

“The applicant was about 15 years old and it can be said that she was sufficiently matured to understand the consequences of her every action, including her decision to elope with the applicant. Thus, prima facie, it appears that there was a love affair,” the order states.

The bench said that the chargesheet was already filed and the boy was incarcerated for more than a year. It further said that there is an unlikelihood that the trial will be concluded soon and therefore it was inclined to grant bail to the boy.

The prosecutor opposed the bail application and submitted that the applicant and the victim are residents of the same village and there is every likelihood that if the applicant is released on bail, he may pressurize the prosecution witnesses or victim.

The applicant made a statement before the court that he is ready to abide by any condition including not to enter into territorial jurisdiction of Pandharpur, till the conclusion of the trial.