In this bail application concerning alleged sexual assault and offences under POCSO, the High Court held that the prima facie material against the applicant was not fit for bail grant. The application was accordingly rejected, with the trial court directed to decide the case on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ba.458.18.11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 458 OF 2018
Santosh Moreshwar Mehar ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Rajesh Singh I/b Mr. Parvin Khan for the Applicant
Mr. A. A. Palkar, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 25th APRIL, 2018
P.C. :
in connection with C.R. No. 133 of 2017 registered with the Colaba Police Station, Mumbai, for the alleged offences punishable under Sections 376, 354(A), (2), (D), 506 of the Indian Penal Code and under Sections 4 and 12 of the Protection of Children from Sexual Offences Act.
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SQ Pathan
ba.458.18.11.doc
assaulted her by taking her home. The prosecutrix has, in detail, set out the manner in which the applicant would stop her, had flashed on one occasion and thereafter, forcibly taken her from school to his house and thereafter, sexually assaulted her. The statement of the prosecutrix is consistent with her statement recorded under Section 164 Cr. P. C, as well as the history given to the doctor. The applicant aged 43 years, a married man with two children, was living in the same vicinity as the prosecutrix. The statement of the prosecutrix's friend and her mother are consistent with the statement of the prosecutrix.
REVATI MOHITE DERE, J.
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SQ Pathan
1 issue framed by the court
Whether the applicant is eligible for bail in connection with offences under Sections 376 and 506 IPC and POCSO given the prima facie material.
Santosh Moreshwar Mehar
State of Maharashtra
Revati Mohite DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
