Criminal Bail Application allowed. The High Court granted bail to the accused who had been in custody for over a year, despite charges of sexual assault involving a minor, noting there were no criminal antecedents.
Applicant directed to be released on bail on furnishing a personal bond of Rs. 25,000 with one or more sureties.
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.
Rushikesh 1
4-BA-634-2019.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.634 OF 2019
Prashant Raghunath Sutra ….Applicant V/s. The State of Maharashtra ….Respondent
Mr. Sanjeev Kadam, i/b. Prashant P. Raul, for the Applicant. Mr. H. J. Dedhia, APP for the Respondent- State.
CORAM : PRAKASH D. NAIK, J. DATE : 12th December, 2019
P.C.:
Rushikesh 2 4-BA-634-2019.
marriage. There was physical relationship between them. The first incident of sexual relationship had occurred allegedly on 02nd October 2017, and subsequently in November 2017, December 2017 and April 2018. On the aforesaid dates, the applicant and victim allegedly had sexual relationship.
Rushikesh 3 4-BA-634-2019.
occasions from October 2017 to April 2018. Both of them had allegedly visited various places. The victim had visited house of applicant at Devur, Koregaon. She was introduced to his parents. She stayed there. She slept in his bedroom. They had physical relationship. In November 2017, she met applicant. They went to Dahivadi from Satara. They stayed in a room. There was sexual relationship. Again in December 2017 and April 2018 on 3 to 4 occasions they had physical relationship in bedroom of accused. Both had visited hospital for treatment. Her name was disclosed as Pooja Kadam. In May 2018, victim went to room hired by accused. She went to flat arranged by applicant. She was noticed by neighbor. He gave call to her father. The applicant is in custody from more than one year. Charge sheet is filed. There are no antecedents against applicant.
ORDER
with C.R.No.238 of 2018 registered with Dahivadi Police Station on
Rushikesh 4 4-BA-634-2019. furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant shall report concerned police station once in a month on every first Saturday between 10:00 a.m. to 12.00 p.m. till further order.
( PRAKASH D. NAIK, J.)
2 issues framed by the court
Whether bail should be granted to the applicant arrested for sexual offences against a minor.
Whether the consensual nature of the relationship and lack of criminal antecedents justify release on bail.
Prashant Raghunath Sutra
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
