Anurudh Ramkesh Chaurshiya v. The State Of Maharashtra
Mhi 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 751 OF 2015 Mr. Anurudh Ramkesh Chaurshiya ...
Applicant vs.
The State of Maharashtra ...
Respondent Mr.Ashok Jaiswar,Advocate,for the applicant.
Ms. Rutuja Ambekar, APP, for the State
CORAM:
SMT.SADHANA S.JADHAV,J.
DATE : 28th July, 2015.
P.C.
Heard. This is an application under Section 439 of Cr.P.C. The applicant is arrested on 20.12.2014 in Crime No.664 of 2014 registered at Powai Police Station for the offences punishable under Sections 354, 354A of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.
2.
It is the case of the prosecution that on 19th December, 2014, the victim, who happens to be an young girl of 14 years old was returning from her tuition classes at about 7 p.m. She met her friends and she was talking to her friends for some time. Thereafter, they had been to John
Mhi 2 Baker BEST Bus Stop. One unknown person came from the opposite direction and had touched her inappropriately in the most loathsome manner. She suffered pain, and also ashamed since her modesty had been outraged. She raised cries. Being a bold young girl, she chased him. She raised hue and cry. People in the vicinity asked her about the incident and they also followed the suit. They accosted the said person and took him to the police station. The applicant happens to be the person who was taken by the people to the police station. On the basis of the report lodged by the victim, the applicant is being prosecuted for the offence punishable under Sections 354, 354A of IPC and Section 8 of POCSO. 3.
The learned counsel for the applicant submits that the applicant has been in jail since 20th December 2014. The charge sheet is filed and therefore he deserves to be enlarged on bail. 4.
Against this, the learned APP rightly submits that the applicant is not a permanent resident of Mumbai. He is resident of U.P. There is no possibility that he would face the trial. It is difficult to control the offence against women. Young girls are subjected to physical harassment on the roads in public places. Posting police does not serve any purpose. This is a
Mhi 3 thereat to the liberty and individuality as well as safety of young girls on the roads. In view of this, the learned APP opposes grant of bail. 5.
Taking into consideration th role attributed to the applicant and the submissions of the learned APP, this Court is of the opinion that the applicant does not deserve grant of bail.
6.
For the reasons assigned hereinabove, the application being sans merits, stands rejected.
(SMT.SADHANA S.JADHAV, J.)