P.H. JAYANI 21 BA907.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 907 OF 2025 Aditya Anil Mulam …. Applicant V/s. The State of Maharashtra …Respondent Mr. D.D. Dubey (through VC) for the Applicant. Mr. R.M. Pethe, APP for the Respondent – State. Ms. Rekha Musale a/w. Mr. Nasim Khan for the first informant. Ms. Hemlata Vaje, PSI, Charkop Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 7th SEPTEMBER, 2026 1. Heard learned Counsel for the parties. Perused the record. Mr. Pethe, the learned APP tendered on record the correspondence dated 16.04.2024 along with DNA Report. It is marked as ‘X colly’. 2. The Applicant seeks his release on bail in POCSO Special Case No.344 of 2023 pending before the Court of the learned Special Judge under POCSO Act, Borivali Division, Dindoshi, Goregaon, Mumbai, arising out of Cr.No.150/2023 registered with Charkop Police Station, Mumbai for the offences punishable under Section 377 of the Indian Penal Code (‘IPC’) and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 on the Report dated 07.05.2023 filed by the mother of the victim boy, then aged 5 years. 3. Mr. Dubey, learned Counsel for the Applicant appearing through VC submitted that there is three days delay in filing the Report. There is also 10 days delay in recording the statement of the victim. These circumstances create doubt about the veracity of P.H. JAYANI 21 BA907.2025.DOC the prosecution case. The Applicant is in jail for more than three years. The trial has not advanced. Therefore, bail be granted. 4. In response, Mr. Pethe, the learned APP and Ms. Musale, learned appointed Advocate for the informant submitted that there is a prima facie case against the applicant of having committed the penetrative sexual assault against the victim. Therefore, bail be refused. 5. As narrated in the Report, that, on 4th and 5th May 2023, at the residence of the informant, the applicant committed penetrative sexual assault on the victim. The medical evidence indicates that, the victim had suffered fissures and redness at the anus due to the sexual assault. Thus, the allegations in the Report are corroborated with the medical evidence, thereby making a strong prima facie case against the applicant. Additionally, the DNA Report also supported the allegations in the Report. Similar offence has been registered against the applicant, i.e., Cr.No. 151/2023 with the same Police Station. Therein, the victim is the girl child aged 4 years. 6. In the wake of the above, the applicant is not entitled for bail. As a result, the application is rejected and disposed of. 7. It is clarified that the observations made in the present Order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on merits of the case. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.09 19:07:52 +0530