Babulal S/O. Gyansing Bhada (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Wardha Police Station Wardha (City)

ba.830.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 830 OF 2017 ( Babulal S/o Gyansing Bhada..vs..State of Maharashtra, through PSO.PS.Wardha(City),Wardha) Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri R.R.Vyas,Advocate for applicant.

Shri R.S.Nayak, A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 6, 2017 This is an application for grant of regular bail. Heard learned counsel for the applicant and learned A.P.P. for State-non-applicant.

The present application is filed since the applicant is arrested in connection with Crime No. 8/2017, P.S.Wardha(City),Wardha, for the offence punishable under Sections 354,354-A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act,2012. According to the submissions of learned counsel for the applicant the chargesheet is filed and therefore further custodial presence is not necessary. Further, it is his submission that there is delay in lodging F.I.R. which in his submission is fatal to the prosecution.

Merely, because the chargesheet is filed that by itself the applicant is not entitled to claim bail. It will be one of the factors while considering the bail application. However, it is the duty of the Court to see the nature of the accusations and also the fact that if applicant is released on bail there is a possibility of tampering the prosecution witnesses.

ba.830.17.odt The victim in the present case is real daughter of the present applicant. She was subjected to the sexual assault at the hands of her father who is minor. The contention so far as the delay in lodging the F.I.R. it is always open for the prosecution to explain the delay at appropriate stage. Further if the applicant is released on bail looking to the relations between victim and the applicant the possibility of influencing the mind of child at the hands of applicant cannot be completely ruled out.

The application is rejected.

JUDGE Kitey