Rameshwar Vilas Rathod v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1406 OF 2019 Rameshwar Vilas Rathod, Age 30 years, Occ.Teacher, R/o.Kharadi, Chandan Nagar, Pune (presently lodged at Jail) Applicant versus The State of Maharashtra Respondent Mr.Nitin B. Patil for applicant.

Mr.S.H.Yadav, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd November 2019 PC :

1.

This is an application for bail in CR No.95 of 2019 registered with Hadapsar Police Station, Pune for offences u/s.354 and 506 of Indian Penal Code and under Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012.

2.

The prosecution case is that the applicant is a dance teacher. The victims has alleged that the applicant used to touch them inappropriately. He had touched their private part. He used to also show them obscene videos. The statements of witnesses were recorded. On completing the investigation charge sheet is filed. 3.

Learned advocate for applicant submitted that false complaint has been lodged against the applicant. The victims were taking coaching for dance. Since they were not selected, the complaint has been lodged against the applicant. The applicant is in custody since

2 of 2 8.BA.1406.2019.doc last eleven months. It is also submitted that looking at the place of incident, it is difficult to believe that such incident would occur. The other staff members of the class have not noticed any objectionable behaviour of the applicant.

4.

Learned APP, however, submitted that the offence is of serious nature. The statements of four victims were recorded and they have attributed the act of outraging modesty. It is also submitted that statements of three other witnesses were recorded which supports the case of prosecution.

5.

There are about four victims who had attributed overt act to the applicant. The victims are between the age of 11 to 13 years. There are three eye witnesses to the incident who are also aged between 11 to 13 years. They have supported the case of prosecution.

6.

Considering the nature of evidence, no case for grant of bail is made out. Criminal Bail Application No.1406 of 2019 is rejected. Trial is expedited.

(PRAKASH D. NAIK, J.) MST