High Court allowed a criminal bail application under CrPC 32-Ba for the applicant accused of offences under IPC and POCSO. The court granted bail with conditions including cash bond, attendance, and no-contact undertakings.
Released on cash bail of Rs. 25,000 for six weeks with bond, sureties, attendance, and no-contact conditions.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.574 OF 2018
Kashmirsingh Satnam Chauhan ...Applicant Versus The State of Maharashtra ...Respondent
Ms.Anjali Patil, for the Applicant.
Ms.Rutuja Ambekar, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 16th APRIL, 2018
P.C. :
bail in connection with C.R.No.137 of 2017 registered with the Vakola Police Station, Mumbai, for the alleged offences punishable under Sections 354, 509, 323, 504, 506(2), 34 of the Indian Penal Code and under
Sections 8 and 12 of Protection of Children from Sexual Offences Act.
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years, one Pungisingh, nephew of the applicant, would harass her, pursuant to which, her mother had informed Pungisingh's mother, that he should not trouble/harass the complainant. It is alleged that an incident took place on 19th March, 2017 at about 3.00 p.m., in the afternoon, when co-accused - Pungisingh, abused the complainant, when she was going to her friend's house. According to the complainant, in the evening at about 6.30 p.m., when she reached home, she informed her mother, pursuant to which, the applicant and his wife came to the spot and started assaulting her. It is further alleged that the applicant and the co-accused - Pungisingh tore the complainant's clothes and pulled her dupatta, leading to a neck injury; that the applicant, his wife and Pungisingh are also alleged to have abused and assaulted the complainant's mother, pursuant to which, she became unconscious. With respect to the said incident dated 19th March, 2017, which took place at about 6.30 p.m., there is a cross complaint, lodged by the applicant's wife, as against the complainant's father, the complainant's mother and others, also alleging offences punishable under Sections 354, 323, 504, 34 of the Indian Penal Code. The injury certificate shows that the complainant has received injuries on her neck. It appears that the applicant and the complainant are living in the same Society. It is informed that co-
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accused – Pungisingh, being a juvenile, has been enlarged on bail. The applicant is in custody since December 2017. Investigation is complete and charge-sheet is filed.
applicant is enlarged on bail on the following terms and conditions:-
ORDER
i) The Applicant be released on cash bail in the sum of Rs.25,000/-, for
a period of six weeks;
ii) The Applicant shall within the said period of six weeks, furnish P.R.
Bond in the sum of Rs.25,000/- with one or two local sureties in the like amount;
iii) The Applicant shall attend the Vakola Police Station, Mumbai, on
the first Sunday of every month, between 10:00 a.m. to 11:00 a.m., for a period of 12 months;
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Station, Mumbai, for 12 months, except for the purpose of attending the police station, as mentioned in clause (iii);
v) The Applicant shall not tamper with the evidence or attempt to
influence/contact the complainant, witnesses or any person concerned with the case;
vi) The Applicant shall co-operate in the conduct of the trial;
vii) An undertaking to the aforesaid clauses (ii) to (vi), shall be filed by the Applicant, in the trial Court, within two week's of his release;
viii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail.
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facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.
(REVATI MOHITE DERE, J.)
2 issues framed by the court
Whether the applicant is entitled to bail in offences under IPC and POCSO.
What conditions are necessary to grant bail in this case.
Kashmirsingh Satnam Chauhan
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
