Criminal Bail Application where applicant sought enlargement in custody for offences under POCSO and IPC involving sexual assault on a child. Court rejected bail due to applicant's antecedents and risk to witnesses, holding it not a fit case for release.
Application for bail rejected and disposed of.
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.152 OF 2019
Deepak Madhukar Mane ...Applicant Versus The State of Maharashtra and Anr. ...Respondents
Mr.Hemant Ingle, i/b Mr.T.N.Khandare, for the Applicant.
Mr.A.R.Kapadnis, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 22nd JULY, 2019
P.C. :
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applicant took the bike near an old building and took her daughter behind the bus on that road. She has alleged that as her daughter started shouting for help, the applicant gagged her daughter’s mouth and touched her inappropriately. She has stated that since her daughter started crying and shouting, the applicant threatened her not to disclose the said incident and left from the spot. She has stated that her daughter returned home and disclosed the said incident. The victim girl’s statement is consistent to the complainant’s statement. The statement of the doctor is also consistent with the statement of the complainant. The applicant has similar antecedents i.e. two cases under POCSO Act and one case under Section 354(A) of I.P.C. If the applicant is enlarged on bail, the possibility of the applicant threatening and tampering with the witnesses cannot be ruled out.
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REVATI MOHITE DERE, J.
1 issue framed by the court
Whether the applicant is eligible for bail in cases involving non-bailable offences under the POCSO Act and IPC Section 354(A) given his antecedents and risk of tampering with witnesses.
2 provisions across 2 enactments
Deepak Madhukar Mane
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
