Vishal Anand Dasari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3213 OF 2019 Vishal Anand Dasari Applicant ...

V/s.

The State of Maharashtra

...Respondent

**** Mr. Kushal Mor, Advocate for the applicant.

Mr. S.R. Agarkar, APP for Respondent-State.

Mr. H.A. Shaikh, P.S.I, Bhiwandi City Police Station.

CORAM :

CORAM : SANDEEP K. SHINDE, J.

SANDEEP K. SHINDE, J.

Tuesday, 11 Tuesday, 11th th February, 2020.

February, 2020.

P.C. :

P.C. :

Heard.

1.

Applicant is seeking enlargement in Crime No.321 of 2018 registered with Bhiwandi City Police Station Thane for the alleged offences punishable under Sections 377, 506 of the Indian Penal Code, 1860 (IPC for short) and under Sections 4, 8 and 10 "

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of the Protection of Children from Sexual Offences Act, 2012 (POCSO for short).

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I have perused the final report.

3.

It is submitted that the applicant is in the custody since year and half and medical evidence does not suggest that the victims were subjected to sexual assault. It is further contended that applicants presence for the trial can be secured by '

imposing conditions and the applicant being 19 years old, he may be released on bail.

4.

In this case, prosecution has alleged that the applicant had allegedly subjected the victim to penetrative sexual assault. The statement of minor victim has been recorded under Section 164 of Code of Criminal Procedure, 1973. Additionally, medical report of one of the victims also suggests sexual harassment caused to a victim.

5.

Be that as it may, having regard to nature of accusation with punishment prescribed for the alleged offences, the application is rejected. However the POCSO special case No. 317/2018 pending

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6.

The learned Judge is requested to conclude the trial preferably before 31 st December, 2020.

7.

Application is disposed of in these aforesaid terms.

8.

It is made clear that observations made hereinabove shall be construed as an expression of opinion only for the purpose of refusal of bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.)