Vasid Ganesh Sadara @ Asit Ganesh Santara v. The State Of Maharashtra

Mhi 1 BA-506-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 506 OF 2017 Vasid Ganesh Sadara @ Asit GaneshSantara ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr.P.C.Mohite,Advocate for the applicant.

Ms. J.S.Lohokare, APP, for the State.

Mr. Dattatray Khade, PSI, Vakola Police Station, Santacruz present.

CORAM:

SMT.SADHANA S.JADHAV, J.

DATE : 21st March, 2017.

P.C.

Heard. This is an application 439 of Cr.P.C. 2.

It is the case of the prosecution that on 17.11.2014, Ms.`X' lodged a report alleging therein that on 17.11.2014, she had sent her minor daughter Ms.`X' aged 3 years to buy chocolate along with the son of her neighbour. After about 15 minutes, the neighbour's son Ronak returned home and informed her that while they were returning home, one unknown person had taken Ms.`X' along with him. That he had sexually abused her. Only after she started crying, he had left her. The victim had informed the same to her mother. That they had enquired with the shop-keeper. It is pertinent to note that the shop-keeper had told the first informant that there

Mhi 2 BA-506-17.sxw is a CCTV footage in his shop. CCTV had captured the image of one person wearing cap taking away the minor girl along with him. The husband of the first informant had taken the images from the CCTV footage and shown it to the police. Thereafter, the applicant was arrested. 3.

The learned counsel for the applicant submits that the medical evidence does not corroborate the allegations made by the minor victim and, therefore, the applicant deserves to be enlarged on bail. 4.

The learned APP submits that the victim is hardly 3 years old. There was no reason for her to implicate anybody. The statement of the neighbor's child is also recorded and he has also corroborated the allegations. The applicant happens to be original native of District Howrah, Kolkatta, State of West Bengal. The offence alleged against the applicant is a heinous offence. He has attempted to ravish the victim who was hardly 3 years old at the time of incident. It is in these circumstances that the applicant doe not deserve to be enlarged on bail. The application being sans merits, stands rejected.

(SMT. SADHANA S.JADHAV, J.)