Vijay @ Mahadev Raju Chatake v. The State Of Maharashtra And ANR.

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.161 OF 2021 Vijay @ Mahadev Raju Chatake .... Applicant

Versus

1. The State of Maharashtra, &

2. Prakash Narhari Yajgar.

.... Respondents ______ Ms. Vilasini Balasubramanian, Advocate a/w. Jaydeep D. Mane, for the Applicant.

Smt. A.A. Takalkar, APP for the Respondent-State. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 09th FEBRUARY, 2021 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. 627/2020 registered at Mohol Police Station, District - Solapur on 29.10.2020 under Section 354-D of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2.

The FIR is lodged by father of the victim. The victim was 17 years of age. She was studying in college. The allegations in the FIR are that on 27.10.2020, the present Applicant followed the victim on his motorcycle. He offered to give her lift. When she refused, he asked her mobile number. Deshmane (PS)

: 2 :

The victim shouted at him. Then he requested that she should accept his letter. The victim shouted again. Then he left the place. On this basis, the FIR is lodged.

3.

Heard Smt. Vilasini Balasubramanian, learned Counsel for the Applicant and Smt. A.A. Takalkar, learned APP for the State.

4.

Learned Counsel for the Applicant submitted that this was a solitary incident and even in this incident the Applicant has not harassed the victim. In fact it was the victim who had shouted at him and he had quietly left the place. Therefore, no offence is committed by him.

5.

Learned A.P.P., on instructions, stated that since the date of the incident, nothing untoward has occurred involving the present Applicant. The Applicant has not further harassed the victim.

6.

Considering this incident, it appears that the Applicant has not committed any serious offence warranting his custody. Therefore, I am inclined to grant protection of anticipatory bail to the present Applicant. However, at the

: 3 :

same time, the Applicant is directed to attend the concerned police station so that there is some check on his activities. 7.

Learned Counsel for the Applicant submitted that the Applicant has lost his father and he is looking after his widowed mother.

8.

Considering these aspects, the following order is passed:

ORDER

(i) In the event of his arrest in connection with C.R. No.627/2020 registered at Mohol Police Station, DistrictSolapur, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned police station once every fortnight for a period of one year from today. (iii) The Applicant shall not in any manner try to contact or harass the victim or her family.

(iv) Anticipatory Bail Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.) Deshmane (PS)