Somnath Kailash Chavan v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. NO. 2693 OF 2024 Somnath Kailash Chavan ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

....

Mr. Kuldeep S. Patil a/w Mr. Ashish Kumar Srivastava i/by, Ms. Saili Dhuru Advocate for the Applicant.

Mr. Ujjwal Gandhi, appointed Advocate through legal-aid for Respondent No.2.

Mrs. G. P. Mulekar, A.P.P. for the Respondent No.1 - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

27th JANUARY, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 122 of 2020 registered at Pimpari Police Station, District : Pune for the offences punishable under Sections 201, 354, 354-A, 376(1)(A), 376(3), 376(AB), 494, 496, of Indian Penal Code and under Sections 3(A), 3(B), 4, 5(I), 5(L), 5(N), 6, 7, 8, 11, 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and under Section 2(1), (K,H,A), 3(2)

of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil And Aghori Practices And Black Magic Act, 2013.

3.

There are all five victims in the present crime. Out of the five victims, on the date of alleged incident, four were minor. According to the prosecution, the present applicant, who is their relative, sexually exploited them by restoring to black magic activities.

4.

The learned counsel for the applicant submits that there is delay in lodging the First Information Report. It is further submitted that the applicant is in jail for five years and the trial is still at the stage of framing of charge. It is submitted that the FIR came to be lodged only after one of the victim eloped with the present applicant. It is submitted that the possibility of false implication therefore cannot be ruled out.

5.

On the other hand, the learned A.P.P. for the Respondent-State and the learned counsel for the complainant submits that the applicant is involved in serious offences. It is submitted that considering the nature of the offence, the

applicant may not be released on bail and trial be expedited. 6.

I have perused the statement of the victims. The present applicant has exploited them sexually by taking benefit of the situation that they were not having male child in their family. Considering the nature of offence, I am not inclined to release the applicant on bail. The application is rejected.

7.

However, considering the fact that the applicant is in jail for about five years, the trial Court shall make an endeavour to conclude the trial as expeditiously as possible. (N. R. BORKAR, J.)