Allowed

Nilesh Dattatry Shinde v. the State of Maharashtra

Bombay HC13 Mar 2019BA/49/2019

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant charged with penetrative sexual assault under the POCSO Act and IPC offences. The applicant was granted release on a pol-bond with local sureties and directed not to tamper with evidence.

What did the court decide?

Released on bail on police bond of Rs. 15,000 with one or two local sureties, subject to attending trial dates and not tampering with evidence.

Nilesh Dattatry Shinde Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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ssm 1 31-aba49.19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 49 OF 2019

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Nilesh Dattatray Shinde

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….Applicant.

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Vs.

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The State of Maharashtra ….Respondent.

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Mr. Rupesh Nalawade for the Applicant. Ms. J.S. Lohokare APP, for the Respondent-State.

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CORAM : A. S. GADKARI, J. DATE : 13^th MARCH, 2019.

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P.C.:-

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This is an Application under Section 439 of the Code of Criminal Procedure for bail in CR No. 541 of 2018 dated 16^th August, 2018 registered with Dahisar Police Station under Sections 376, 354, 452, 323 of the Indian Penal Code and under Sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act).

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2 Heard the learned counsel appearing for the Applicant and the learned APP. Perused the charge-sheet.

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ssm 2 31-aba49.19.doc

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3 The first information report is lodged by the prosececutrix herself who was aged about 17 years 8 months old on the date of the lodgment of the crime. As the prosecutrix was a minor, with a view to protect her identity and in consonance with the provisions of Section 228(A) of the Indian Penal Code and Section 33(7) of the POCSO Act, the detailed narration of facts mentioned in the first information report and in the statement of the victim girl is hereby avoided.

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4 In the first information report the prosecutrix has disclosed an offence as contemplated under Section 354 of the Indian Penal Code however, in her supplementary statement which is recorded subsequently after medical examination, she has alleged an act as contemplated under Section 376 of the Indian Penal Code read with the provisions of POSCO Act which deals with penetrative sexual assault.

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The record indicates that, at the time of giving the information to the Medical Officer on 18^th August, 2018, the prosecutrix has disclosed that she was having relationship with the Applicant for a substantial period and the Applicant had promised her to marry and thereafter had peno-veginal intercourse with her.

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5 The record indicates that, on the date of lodgment of the

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ssm 3 31-aba49.19.doc

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crime, the prosecutrix had attended the age of understanding and discrimination. It is because she was just below the age of 18 years, the provisions of POSCO Act have been applied to the present crime.

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The Applicant is arrested on 16^th August, 2018 and since then he is in jail. The investigation of the present crime is already completed and the police have submitted charge-sheet. The Applicant was aged about 20 years on the date of commission of offence. It is submitted that, there are no antecedents at the discredit of the Applicant. No fruitful purpose will be served by further keeping the Applicant in incarceration.

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6 In view of the above, the Applicant can be released on bail.

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Hence the following order:-

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a) The Applicant shall be released on bail in CR No. 541 of 2018 dated 16^th August, 2018 registered with Dahisar Police Station on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount.

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b) The Applicant shall attend all the dates before the Trial Court unless precluded on medical reasons.

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ssm 4 31-aba49.19.doc

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d) The Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

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7 Application is allowed in the aforesaid terms.

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(A.S. GADKARI, J.)

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Nilesh Dattatry Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nilesh Dattatry Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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