Indrajeet Balishter Gupta v. The State Of Maharashtra

rpa 1/4 21-aba-1076-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1076 OF 2020 Indrajeet Balishter Gupta .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.K.S. Labana, Advocate for the Applicant.

Mrs.M.R. Tidke, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 14, 2021.

P.C. :

This is an application for anticipatory bail in connection with C.R.No.I-559 of 2020, registered with Kolshewadi police station, Kalyan, District-Thane, for the ofence punishable under Section 376(2)(n) read with 34 of Indian Penal Code ("IPC", for short) and Sections 4, 8 and 12 of Protection of Children from Sexual Ofence Act ("POCSO Act", for short). The complainant is victim aged about 20 years. In the complaint dated 3rd October, 2020, it is alleged that she was Digitally signed by RajeP. Aher Date:

2021.01.16 12:51:54 +0530 acquainted with the applicant through Facebook. Both of them RajeP.

Aher

rpa 2/4 21-aba-1076-2020.doc became friends. In 2017, they had exchanged messages. The applicant-accused had proposed her and represented that he is willing to marry her. In 2017 itself, the applicant and the victim girl went together in the room premises. There was physical relationship between them. The applicant promised her that he would marry her in a temple at Titwala. On 15th February, 2018, they went to Titwala. There was physical relationship between them. They stayed in a lodge where again there was sexual relationship between them. Subsequently, the applicant stoped contacting the victim and did not fulfll his promises of marriage. FIR was then registered on 3rd October, 2020. Learned counsel for the applicant submitted that the case of the complainant itself indicate that the relationship between both was of consensual nature. Although the victim was allegedly aged 17 years at the time of frst incident, the relationship continued for further period.

Learned APP submitted that the provisions of POCSO Act is also invoked in this case. At the time of frst incident in 2017, she was minor aged about 17 years. Physical relationship was induced under the false promise of marriage.

rpa 3/4 21-aba-1076-2020.doc On perusal of FIR, it is apparent that although the victim was aged about 17 years at the time of the incident, it was the age of understanding and the relationship continued till 2020. Both of them met on several occasions. They stayed in a lodge. There was physical relationship between them. In the facts of this case, custodial interrogation of the applicant is not called for. Hence, I pass the following order:

:: O R D E R ::

(i) Anticipatory Bail Application No.1076 of 2020, is allowed;

(ii) In the event of arrest of applicant in connection with C.R.No.I-559 of 2020, registered with Kolsewadi police station, Kalyan, District-Thane, the applicant be released on bail on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

(iii) Applicant shall attend the concerned police station once in three months on frst Saturday of the month between 11:00 a.m. to 01:00 p.m., till further orders;

rpa 4/4 21-aba-1076-2020.doc (iv) Applicant shall not approach the victim/ complainant and shall not try to tamper with the evidence;

(v) Anticipatory Bail Application No.1076 of 2020, stands disposed of accordingly.

(PRAKASH D. NAIK, J.)