Anil Gulabrao Lohkare v. State Of Mah. Thr. Its Pso, Ps Wani Dist. Yavatmal And Another.

2024:BHC-NAG:2350 1 46-BA-3-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 3 OF 2024 ANIL GULABRAO LOHKARE Vrs.

STATE OF MAHARASHTRA AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. M. Lodha, Advocate for applicant.

Shri A. R. Chutke, A. P. P. for respondent No.1-State. Ms. Mitisha Kotecha, Advocate (Appointed) for respondent No.2. CORAM: URMILA JOSHI-PHALKE, J.

DATE : 26/02/2024.

1.

The applicant came to be arrested on 13/05/2023 in connection with Crime No.490/2023 registered under Sections 377 and 506 of the Indian Penal Code and under Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012.

2.

The accusation against the present applicant is on the basis of report lodged by the father of the victim boy alleging that the victim boy is his son aged about 14 years. On 10/05/2023, present applicant called him on the pretext of connecting the Bluetooth of mobile and latched the door from the inside and subjected him for unnatural sexual assault and also threatened him not to disclose the said incident, otherwise he will kill him. On the basis of said report, police have registered the crime against present applicant.

2 46-BA-3-2024.odt 3.

Learned counsel for the applicant submitted that on the false allegation, FIR is lodged after 3 days and no explanation is put-forth for the same. He submitted that the allegation is not substantiated by the medical report as medical report is in a negative form. Now, the investigation is completed and charge sheet is filed. He submitted that though prosecution placed reliance on one eye-witness namely; Rahil Samir Sheikh, his statement is recorded after 15 days of the incident. As per the said statement also, first time he has disclosed the said incident to one Sneha Kamble, neighbouring lady. The statement of Sneha Kamble is also recorded. She also stated that said incident was disclosed to her on 12/06/2023. The statement of Sneha Kamble is also recorded on 25/05/2023. Now, they disclosed the said incident to the police. Thus, he submitted that considering the nature of the evidence collected during investigation falsifies the story narrated by the victim. Now, investigation is completed and charge sheet is filed. In view of that, applicant be released on bail.

4.

Learned APP for the State and learned counsel for the victim strongly opposed the application on the ground that not only the eye-witness to the said incident discloses about the occurrence. Though investigation is completed and considering the gravity of the offence, 14 years boy was subjected for unnatural sexual assault, application deserves to be rejected.

3 46-BA-3-2024.odt 5.

Having heard learned counsel for the applicant, learned APP for the State and learned counsel for the victim, perused the investigation papers. The statement of the victim boy is recorded who alleged that the present applicant by threatening him subjected him for unnatural sexual assault. Admittedly, no injury was found when the boy was examined by the Medical Officer. Thus, the medical report has not substantiated the said fact. However, the statement of the eye-witness Rahil Sheikh supports the case of the prosecution. He disclosed the said incident on 12/06/2023 to one Sneha Kamble whose statement is also recorded. She also supported the same. Thus, prima facie case is made out against present applicant. Now, investigation is completed and charge sheet is filed. As far as the apprehension is concerned, some conditions can be imposed on the present applicant. Further incarceration of the present applicant is not required. In view of that, application deserves to be allowed. Accordingly, I proceed to pass the following order:-

ORDER

i] The application is allowed.

ii] The applicant - Anil Gulabrao Lohkare be released on bail in connection with Crime No.490/2023 registered under Sections 377 and 506 of the Indian Penal Code and under Sections 4, 6 and 17 of the Protection of Children

4 46-BA-3-2024.odt from Sexual Offences Act, 2012, on executing P. R. Bond of Rs.25,000/- with one solvent surety of the like amount. iii] The applicant shall not enter into the vicinity of Wani, Dist. Yavatmal, till culmination of trial. iv] The applicant shall not induce, threat or promise to any witnesses, who are acquainted with the facts of the present case in any manner.

v] The contravention of any of the conditions would lead to the cancellation of bail.

6.

The fees of the appointed counsel for respondent No.2 be quantified, as per the Rules. 7.

The application is disposed of.

[URMILA JOSHI-PHALKE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/02/2024 16:31:15