Pramod Mahadev Dhobale v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1694 OF 2024 Pramod Mahadev Dhobale ...
Applicant V/s.
The State of Maharashtra & Anr.
...
Respondents ------------------- Mr. Sachin Thombre with Mr. Shubham Wadne, for the applicant. Mrs. S.M. Yadav, APP, for the respondent/State. Mr. Shivsangram Mundhe, for the respondent No. 2. Mr. Rakesh Jadhav,API, Khadak Police Station, Pune, present. Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.05 11:13:17 +0530 --------------------- VARSHA DEEPAK GAIKWAD
CORAM
:
ANIL S. KILOR, J.
DATE :
4TH JULY, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.258 of 2023, registered with Khadak Police Station, Dist: Pune, for the offences punishable under Sections 376 and 506 read with 34 of Indian Penal Code (for short, 'IPC') and Sections 4, 5 (j)(2), 6 and 12 of the Protection of Children from Sexual Offences Act (for short, 'POCSO').
3.
The allegations in the present matter are that the applicant forcibly committed sexual intercourse with the victim. The victim was
age about 17 years, 6 months and 27 days on the date of incident. They were family friends. The complaint was lodged after the victim conceived pregnancy.
4.
Today, the victim is personally present along with her advocate by virtual mode. She maintained her statement which was made before the trial Court that she has no objection to release the applicant.
5.
Be that as it may. After going through the allegations made in the FIR, it appears that the applicant and the victim know each other since childhood. Considering the age of the victim i.e. more than 17 years on the date of incident, she could have opposed the applicant to allow him to establish physical relations. Further, she did not inform the incident for about three months.
6.
In the circumstances, considering the nature of evidence collected by the IO and fact that the charge-sheet has been filed, I am of the opinion that the further custody of the applicant is not necessary. Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in in Crime No.258 of 2023, registered with Khadak Police Station, Dist: Pune, for the offences punishable under Sections 376 and 506 read with 34 of Indian Penal
Code (for short, 'IPC') and Sections 4, 5 (j)(2), 6 and 12 of the Protection of Children from Sexual Offences Act (for short, 'POCSO'), on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the Police Station on 1st day of every month between 12.00noon to 2.00p.m., till the conclusion of the trial except on the date of trial;
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
v) Liberty is granted to the informant and the State to apply for cancellation of bail if the applicant commits similar offence.
vi) The applicant shall attend the trial before the Special Court regularly on every date unless exemption is granted by the Special Court.
7.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)