Allowed

Bhaidas Arjun Vendait v. the State of Mah

Bombay HC24 Sept 2012APPLN/3704/2012

Case brief

AI extract

What is this about?

Criminal application for bail was allowed. The High Court granted bail to a 70-year-old accused charged with rape and attempt to commit rape against a 4-1/2 year old minor, noting comprehensive medical evidence contrary to allegations and completion of investigation.

What did the court decide?

Bail granted upon execution of P.R. bond of Rs. 20,000/- with one surety; prohibited from entering territorial jurisdiction of village Dhadne for two years or till trial.

Bhaidas Arjun Vendait Vs the State of Mah — Child Sexual Offences (POCSO) | Bombay HC (2012)

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CRIAP-3704.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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CRIMINAL APPLICATION NO. 3704 OF 2012

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Bhaidas Arjun Vendait

.... Applicant.

Versus

State of Maharashtra

... Respondent.

Shri R.S. Shinde, Advocate, holding for Shri N.L. Choudhari, Adv. for applicant. Shri P.P. More, A.P.P. for the Respondent.

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CORAM : M.T. JOSHI, J. DATE : 24TH SEPTEMBER 2012

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P. C.

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Heard both sides.

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The present applicant who is arrested by Police Station Sakri in Crime No.128 of 2012 for offences punishable under sections 376 and 511 of the Indian Penal Code, is praying for release on bail.

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The police papers show that the accused is aged 70 years old, while in the application he claims to be 72 years old. The allegations are that on 01.07.2012 at about 11.00 a.m. at village Dhadne, when the minor daughter of the

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2 CRIAP-3704.12

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complainant, aged about 4-1/2 years was not seen at the house, the complainant went to see her at the house of present applicant. At that time, the complainant saw that present applicant had kept the girl lying down on the cot and by making his dhoti upto waist, attempted to commit rape on her. The applicant was arrested on 02.07.2012

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Learned counsel for the applicant submits that as earlier complaint regarding breach of modesty of daughter in law of the cousin of the applicant was orally made to the Police Patil of the village, present complaint is filed only to take revenge. He submits that medical evidence collected in the investigation is that blood stains were seen on Dhoti of the applicant, which does not fit in in the allegations in the complaint. The applicant is aged about 70 years old and thus is incapable of making any intercourse. Police themselves recorded his age to be 70 years. He is behind bar for a considerable period and investigation is over. Learned counsel therefore prays the applicant be released on bail.

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The learned APP opposed for grant of bail. He submitted that old man attempted to rape the minor girl.

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3 CRIAP-3704.12

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Considering overall material and age of the accused and also the fact that investigation is over, in my view the applicant can be released on bail.

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The application is allowed. The applicant be released on bail upon execution of P.R. bond of Rs.20,000/- and furnishing one surety in the like amount, in Crime No.128 of 2012 for offences punishable under sections 376 and 511 of the Indian Penal Code. For a period of two years from the date of this order or till the trial is over, whichever occurs earlier, the applicant shall not enter the territorial jurisdiction of village Dhadne, Ta. Sakri, District Dhule.

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8. Criminal application is disposed of accordingly.

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( M. T. JOSHI, J.)

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pnd/CRIAP-3704.12

Bhaidas Arjun Vendait v. the State of Mah

Case brief

What is this about?

What did the court decide?

Bhaidas Arjun Vendait v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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