Vinod S/O Ganpat Kahar v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3660 OF 2024 Vinod s/o Ganpat Kahar ...
Applicant V/s.
The State of Maharashtra and Ors ...
Respondents ------------------- Mr. Sachin Panhale with Prashant Patil, for the applicant. Ms. Veera Shinde, APP, for the Respondent / State. Mr. Sambhaji Kharatmol, for the respondent no. 2. --------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.12.03 11:37:00 +0530 VARSHA DEEPAK GAIKWAD DATE :
29TH NOVEMBER, 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.57 of 2024, registered with Satana Police Station, Dist: Nashik, for the offences punishable under Sections 354, 354-A of the Indian Penal Code, 1860 (for short, IPC), Sections 8,10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO' Act) and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the Scheduled caste and Scheduled Tribe (prevention of Atrocities) Act. 3.
The allegations against the applicant appears to be as
regards the punishment, he used to give to the students being physical instructor. There are statements of the teachers that he used to treat girls and boys equally while giving punishment. The applicant has been serving in the said school from last bout 5 years and if the dates of the complaints of the students are seen those ranges between a particular period.
4.
The learned counsel for the applicant has pointed out that he filed a Writ Petition No.13559 of 2023 before this Court claiming certain service benefits and the said Writ Petition was disposed of on 3rd November 2023 and thereafter, the complaints started surfacing. 5.
The FIR shows that the occurrence of offence is of 10.01.2022. Whereas, the FIR was registered on 05.02.2024 in between the complaints were entertained and considered by Vishakha Committee and it appears that as per the said Committee's Report some warning was given to the applicant on 16.01.2024. The said committee directed the school to take strict action against the applicant. This report is dated 19.01.2024 and after the offence came to be lodged by the Head Master of the said school. The FIR refers to certain oral complaints of the students of 6th and 9th standards. 6.
Thus, considering the nature of allegations and the material available on record, since the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not necessary. 7.
At this stage, the learned APP and the learned counsel for the respondent no. 2 while opposing the bail application state that if the applicant is released on bail he may pressurize the prosecution
witnesses and tamper with the prosecution evidence. 8.
Thereupon, the learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition including not to enter into Tal: Satana, Dist: Nashik, till the conclusion of the trial.
9.
In the circumstances, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in in Crime No.57 of 2024, registered with Satana Police Station, Dist: Nashik, for the offences punishable under Sections 354, 354-A of the Indian Penal Code, 1860 (for short, IPC), Sections 8,10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO' Act) and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2) (va) of the Scheduled caste and Scheduled Tribe (prevention of Atrocities) Act, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into territorial jurisdiction of Tal: Satana, Dist: Nashik, till the conclusion of the trial;
iv) The applicant shall provide his address and name of
the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial;
v) 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;
vi) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or if the applicant commits similar offence;
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The application is disposed of.
(ANIL S. KILOR, J)