In a bail application for offences under IPC and POCSO, the High Court rejected the application due to the relationship between the applicant and the prosecutrix and the risk of evidence tampering, while directing the expedited trial.
Application rejected; trial expedited.
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.1123.19.30.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1123 OF 2019
Ali Hasan Badalu Ansari ...Applicant Versus State of Maharashtra ...Respondent
Mr. Viral Rathod a/w Ms. Saima Ashfaq Sothe for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J. MONDAY, 15th JULY 2019
P.C. :
1 Heard learned counsel for the parties.
in connection with C.R. No. 35 of 2016 registered with the Shivaji Marg Police Station, Mumbai, for the alleged offences punishable under Sections 376(2) and 506 of the Indian Penal Code and under Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act.
prosecutrix. The applicant is the father of the prosecutrix, aged 15 years. According to the prosecutrix, the applicant-her father would
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SQ Pathan
ba.1123.19.30.doc
inappropriately touch her when her step-mother would go to Bhiwandi with the other children. She has further alleged that on one such occasion, when she was alone at home, the applicant had forcible sexual intercourse with her, against her wish. The medical examination of the prosecutrix is consistent with the history given to the doctor.
4 Considering the relations between the parties, the possibility of the applicant tampering with the evidence also cannot be ruled out. The application is accordingly rejected. However, since the applicant is in custody for last 3½ years, the trial of the applicant is expedited. Learned Judge to dispose of the said case as expeditiously as possible.
5 It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
REVATI MOHITE DERE, J.
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SQ Pathan
1 issue framed by the court
Whether to grant bail in a POCSO case where the petitioner is the father of the prosecutrix and there is a risk of tampering with evidence.
2 provisions across 2 enactments
Ali Hasan Badalu Ansari
State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
