Dnyaneshwar Sampat Aadhane v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3377 OF 2019 Dnyaneshwar Sampat Adhane .Applicant ...

V/s.

The State of Maharashtra .Respondent ...

* * * * Mr.Nitesh J. Mohite, Advocate for the applicant.

Mr. Yogesh Dabke, APP for State.

PSI, Mr. T.B. Kapde, Badalapur Police Station present.

CORAM : SANDEEP K. SHINDE, J.

(through Video Conference) Wednesday, 30 th September, 2020.

P.C . :

1.

Heard learned Counsel for the appellant and learned APP for State.

2.

42 years step-father is facing accusation of causing aggravated sexual "

assault on his 17 year old daughter.

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Offence registered is under Section 354-A

2/7 of Indian Penal Code and under Sections 9(l), 11 and 12 of the Protection of Children from Sexual Offences Act (POCSO for short). Section 9 defines, "

"

aggravated sexual assault and Clause "

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(l), contemplates sexual assault on the child, more than once or repeatedly, is aggravated sexual assault. Punishment "

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for aggravated sexual assault shall not "

"

be less than 5 years but which may extend to 7 years. Applicant was apprehended soonafter the complaint and since March, 2019, he is in custody. Chargesheet has been filed. I have perused it. Applicant is blind since birth. Victim at the relevant time was 17 years old. Complaint was lodged on 30.3.2019. It is alleged, the applicant videographed the obscene pictures of complainant-victim in his mobile. I have perused the seizure panchanama of video clip and victims '

3/7 statement. It appears, the Investigating Officer has seen the alleged video wherefrom it appears, the applicant attempted to make a physical contact and advances involving unwelcome and explicit overtures. The panchanama therefore, prima-facie, does not suggest that the applicant attempted to touch the vagina of the victim as alleged. Be that as it may, it is submitted by the learned APP that, the victim married to Devendra in April, 2020 and since then, living with her husband. Chargesheet also contains Section 164 statement of the victim recorded soonafter the incident. In the said statement, she declined to narrate the incident. Statement of victims '

mother suggest, the complaint has been filed by victim at the instance of Devendra. Thus, considering the facts and circumstances of the case, I am inclined

4/7 to release the applicant on bail. It must also be stated that, as much as, the special laws such as POCSO prescribe stringent provisions for grant of bail, where concept of consent is irrelevant, yet in such case, as in hand, it is essential to point out that this Court is empowered to pass such orders which are necessary to secure ends of justice while question of the accused-applicants'

guilt is to be considered on its merits at trial. Presently at the stage of bail, this Court can consider, prima-facie, the circumstances under which the offence is committed by the accused. Even otherwise, applicant is in custody since year and a half. The application is therefore allowed on the following terms and conditions :

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O R D E R

(i)The applicant arrested in Crime No.I-53/2019 registered with Badlapur Police Station, shall be released on bail on executing PR bond for the sum of Rs.20,000/- (Rs. Twenty Thousand only) with one or more sureties in the like sum.

(ii) In view of the outbreak of Covid-19 pandemic, applicant is permitted to furnish cash bail and the same shall remain in force for a period of three months.

(iii) It is made clear that, before expiry of three months, applicant shall furnish sureties as directed hereinabove.

(iv) The applicant shall report

6/7 to the Investigating Officer as and when called.

(v) The applicant shall furnish particulars of his permanent residential address and contact details to the Investigating Officer within seven days from his release from jail.

(vi) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

7.

The application is accordingly allowed and disposed of.

8.

It is made clear that observations made hereinabove be

7/7 construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

Digitally signed by Neeta S.

Sawant Date:

2020.10.01 15:47:06 +0530 Neeta S.

Sawant (SANDEEP K. SHINDE, J.)