Allowed

Datta @ Dattu Baburao Chavan v. the State of Maharashtra and Others

Bombay HC20 Feb 2014APPLN/458/2014

Case brief

AI extract

What is this about?

In this bail application, the High Court granted relief to the applicant facing charges for abduction, kidnapping, and sexual intercourse with a minor. The court held it undesirable to keep the applicant in custody, allowing bail with security upon a statement of intended marriage.

What did the court decide?

Relief granted upon furnishing PR and SB of Rs.25,000/- with one solvent surety in the like amount.

Datta @ Dattu Baburao Chavan Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2014)

¶1

1 Application 458 of 2014

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

Criminal Application No.458 of 2014

¶4

Datta @ Dattu s/o Baburao Chavan. .. Applicant.

¶5

Versus

¶6

The State of Maharashtra & Another. .. Respondents.

¶7

Shri. A.B. Gaikwad, Advocate, for applicant.

¶8

Shri. B.L. Dhus, Additional Public Prosecutor, for respondent Nos.1 and 2.

¶9

CORAM: T.V. NALAWADE, J. DATE : 20^th FEBRUARY 2014

¶10

ORDER:

¶11

This application is filed for bail. Both the sides are heard. This Court has perused the papers of investigation.

¶12

Crime is registered on the basis of report given

¶13

by father of the prosecutrix. At the relevant time the prosecutrix had crossed 17 years of age. Allegations are made that on 17-10-2013 the father noticed that the

¶14

2 Application 458 of 2014

¶15

prosecutrix was not at home. He gave missing report. Then he learnt that the prosecutrix had gone with the applicant. He learnt that a show of marriage was created by the applicant and then he had sexual intercourse with the prosecutrix. On the basis of this report crime is registered for offences under sections 363, 366, 376 of the Indian Penal Code and under sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

¶16

This Court has perused the record which includes record of memorandum of examination of the prosecutrix. On last date, a direction was given to see that the prosecutrix approaches the police and gives statement to police. The police accordingly recorded her statement. This Court has perused the statement of the prosecutrix. The statement shows that she had crossed 17 years of age.

¶17

The learned counsel for the applicant has made a statement that the applicant has married with the prosecutrix. He wants to register the marriage and the applicant will accept the prosecutrix as his wife after

¶18

3 Application 458 of 2014

¶19

getting released on bail. In view of the circumstances, this Court holds it is not desirable to keep the applicant behind the bars till disposal of the case.

¶20

The application is allowed. The applicant is to be released on bail in Crime No.283/2013 registered at Sadar Bazar Police Station, Jalna, District Jalna, for offences under sections 363, 366, 366-A, 376 of the Indian Penal Code and under sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 on his furnishing PR and SB of Rs.25,000/- with one solvent surety in the like amount. The applicant is not to tamper with the prosecution witnesses. He is not to commit similar offence.

¶21

Sd/-

¶22

(T.V. NALAWADE, J.)

¶23

rsl

Datta @ Dattu Baburao Chavan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Datta @ Dattu Baburao Chavan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandip Prakash Rathod Vs the State of Maharashtra

Pundlik Ravan Gaikwadbhil Vs the State of Maharashtra and Others

Hanumant Narayan Giri Vs the State of Maharashtra

Gokul Baburao Chavan Vs the State of Maharashtra

Vijay Balbhim Ajabe Vs the State of Maharashtra

Ankush Gotiram Pawar Vs the State of Maharashtra