The High Court dismissed an anticipatory bail application in a PPPCSO case. The court rejected arguments regarding FIR delay and the need for a DNA test, upholding custodial interrogation.
Application rejected and disposed of accordingly; no bail granted.
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.
1 15-ABA No.107-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.107 OF 2019
Vaibhav Bhanudas Ubale ] … Applicant
Versus
The State of Maharashtra ] … Respondent
Mr. Aniket Nikam i/b Mr. Vivek Arote, Advocate for the Applicant. Ms. S.S. Kaushik, APP for the State/Respondent.
CORAM :- SARANG V. KOTWAL, J. DATE :- 18 JUNE, 2019.
P. C. :-
C.R. No.194/2018 registered with Koregaon Park Police Station, Pune u/sec. 376 of I.P.C. and under Section 3, 4, 8 and 12 of The Protection of Children from Sexual Offences Act, 2012.
Purti Parab
1 of 5
2 15-ABA No.107-19.doc
However, when her pregnancy was in advanced stages her mother came to know about the incident. She gave birth to a child on 06/11/2018. After that the FIR was lodged.
Purti Parab
3 15-ABA No.107-19.doc
City to the Registrar (Judicial – I). It is mentioned in the letter that with reference to the subject appropriate instructions as regards to the investigation had been issued to the Investigating Officer and departmental inquiry is proposed against the erring police officer.
Purti Parab
3 of 5
4 15-ABA No.107-19.doc
case is false and applicant deserves to be released on bail. He further submitted that DNA Test can be conducted to verify the paternity of the child.
Purti Parab
4 of 5
5 15-ABA No.107-19.doc
seriousness against all the accused involved in the offence. Therefore, there is no merit in the case. Hence, the following order.
ORDER
Application is rejected and stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
Purti Parab
3 issues framed by the court
Whether anticipatory bail should be granted considering the delays in FIR, the coercible circumstances surrounding the initial statement, and the seriousness of the sexual offences against a minor.
Whether the gross delay in lodging the FIR or the shifting of the accused in the initial FIR warrants the release of the applicant from custody.
Whether a DNA test should be conducted to verify paternity given the alleged involvement of multiple perpetrators.
5 provisions across 2 enactments
Vaibhav Bhanudas Ubale
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
