Sanjay Kannyalal Agarwal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3333 OF 2019 Sanjay Kannyalal Agarwal ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. Pankaj Dwidi, Advocate for the Applicant. Mr. S.R. Agarkar, APP for Respondent-State.

Mr. B.V. Suryawanshi, A.P.I., Nirmal Nagar, Police Station.

...

CORAM : SANDEEP. K. SHINDE, J.

DATE : 05th FEBRUARY, 2020.

P.C.

Heard.

1.

It is an application under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C. for short). "

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2.

Applicant is seeking enlargement on bail in Crime No. I - 108 of 2019 registered with Nirmal Nagar Police Station for the alleged offences punishable under Sections 354, 376 of the Indian Penal Code, 1860 (IPC for short) and Sections 4, 8, 12 of the '

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

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3.

I have perused the statements of victim recorded under Section 24 of POCSO and another statement under Section 164 of Cr.P.C. The complainant is mother of the victim. The offence under Section 6 of POCSO is punishable with imprisonment for a term not less than 10 years, but which may extend to imprisonment for life.

4.

Learned counsel for the applicant submits that the applicant was 22 years old when the alleged incident had taken place and the trial may not commence in the near future. He has also relied a letter allegedly written by victims mother to the '

Commissioner of Police wherein she has stated that the alleged incident had not occurred.

5.

Be that as it may, I have no reason to disbelieve the statement of the victim of 4 years old 2/3

recorded under Section 24 of POCSO and another statement under Section 164 of Cr.P.C.

6.

Thus, in view of nature of accusation made in two statements of the victim, application is rejected. 7.

The learned trial Court is requested to expedite the trial in special case.

8.

Application is disposed of.

9.

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.) 3/3