Anna Shrirang Narsinge v. The State Of Maharashtra

2025:BHC-AUG:12396 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 471 OF 2025 Anna S/o. Shrirang Narsinge, Age : 46 years, Occu. : Service, R/o. Raigavhan, Tq. Kallam, Dist. Dharashiv, At present residing at Bodhanagar, Latur, Tq. & Dist. Latur.

... Applicant

Versus

The State of Maharashtra, Through Police Inspector, M.I.D.C. Police Station, Latur, Tq. & Dist. Latur.

... Respondent ......

Mr. Mayur Salunke h/f. Mr. V. D. Salunke, Advocate for Applicant. Mrs. Vaishali S. Chaudhari, APP for Respondent - State. ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 28 APRIL 2025 PRONOUNCED ON : 29 APRIL 2025 ORDER :

1.

Instant application is for grant of regular bail on account of arrest of applicant in Crime No.0845 of 2024 registered at M.I.D.C. Latur Police Station, District Latur for commission of offence punishable under sections 75(2), 75(3), 78(2) and 79 of Bharatiya Nyaya Sanhita and under sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

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It is submitted that, applicant is a teacher cum Headmaster. That, on the report of alleged Committee, allegations are levelled that applicant's behavior is improper. He beats students, argues with their parents and issued threats. It is reported that, statements of some sixteen girls of 10th standard were recorded and those girls made allegations like seeking head massage and making them massage to legs. That, now investigation is over. In the light of nature of allegations, nothing is to be recovered. Statements of all witnesses are almost recorded. That, no purpose would be served by further detention. Mere formality of filing charge sheet has remained and he urges for grant of bail. 3.

Learned APP opposed on the ground that, on receipt of several complaints, Chief Executive Officer directed constitution of a Committee in view of directions of Vishaka's case. That, informant is a Education Extension Officer. On receipt of positive findings, complaint has been lodged, learned APP pointed out that statements of various girl students are recorded and applicant allegedly touches them inappropriately, uses abusive language, who make them to give body massage. Therefore, serious charges are levelled, investigation is still incomplete and hence bail is opposed.

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Heard. Perused the paper. FIR is by one Nivrutti Jadhav, Education Extension Officer and as pointed out by learned APP, on the constitution of a Committee comprising of Ex Headmistress, inquiry was conducted and on report to that extent, present FIR has been registered. It is stated in the report that statements of almost sixteen girl students are recorded and these students reported indecent behaviour with them, making them touch inappropriately, asking them to give head and limb massage. Therefore, FIR has been registered.

5.

Prima faice, there are serious allegations by applicant, who is a teacher cum Headmaster. Statements of students and complaint received from them are part of police papers. Investigation is still incomplete. Hence, this court does not find it a fit case to grant relief.

6.

The application stands rejected.

(ABHAY S. WAGHWASE, J.) Tandale