Manav Manoj Shah v. The State Of Maharashtra

aba.1660-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1660 OF 2018 Manav Manoj Shah ..Applicant Vs The State of Maharashtra & Anr.

..Respondents ----- Mr. Raja Thakarey a/w Hitesh Jain, Subhash Jadhav and C. Shekhawat I/b Juris Corp for applicant.

Mr. Amit Palkar, APP for State.

Mr. Sandesh Bali for respondent No.2.

CORAM : A.S.GADKARI, J.

DATE : 22nd December 2018.

P.C.:

1] By a reasoned Order dated 24th August 2018, the applicant was granted interim relief.

2] Heard the learned counsel for the applicant and the learned APP. Perused the record.

3] The victim in the present case is aged about 12 years and with a view to protect his identity and in consonance with the provisions of Section 228(A) of the Indian Penal Code and under Section 33(7) of the Protection of Children From Sexual Offences Act (POCSO Act), the detailed narration of the facts mentioned in the first information report and other 1/2

aba.1660-2018.doc relevant statements of witnesses disclosing his identity are hereby avoided. 4] The period of alleged sexual assault as contemplated under section 7 of POCSO Act took place between January 2014 and June 2014 when the applicant was aged about 14 years. The alleged sexual assault was revealed by the victim to his mother for the first time on 29.7.2018 i.e. after a gap of about four years. Apart from the said fact, there are no other specific instances given in the first information report.. Prima facie, it appears from the record that, no ovret-act is attributed to the applicant which would lead to infer that the applicant has committed aggravated form of offence.

5] In view thereof, the applicant can be protected by pre-arrest bail.

Interim relief granted by Order dated 24th August 2018 is hereby confirmed.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2