Allowed

Vijay Omprakash Chaturi Chauhan v. the State of Maharashtra

Bombay HC17 Oct 2019BA/769/2019

Case brief

AI extract

What is this about?

In Criminal Bail Application No. 769 of 2019, the Bombay High Court allowed the applicant's bail plea in a case involving offences under Section 376 of the IPC and POCSO. The court imposed conditions including a PR bond of Rs. 10,000 and non-contact terms while reserving the decision on consent for the trial.

What did the court decide?

The applicant be enlarged on bail on execution of PR Bond of Rs. 10,000 with sureties, subject to conditions of no tamper with evidence and cooperation in trial.

Vijay Omprakash Chaturi Chauhan Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2019)

¶1

ba.769.19.26.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 769 OF 2019

¶3

Vijay Omprakash Chaturi Chauhan ...Applicant Versus The State of Maharashtra ...Respondent

¶4

Mr. Viresh V. Purwant for the Applicant

¶5

Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State

¶6

PSI Mr. Ramesh Govind Jadhav from Kalyan Railway Police Station, is present

¶7

CORAM : REVATI MOHITE DERE, J. THURSDAY, 17th OCTOBER 2019

¶8

P.C. :

¶9

1 Heard learned counsel for the parties.

¶10

2 By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 165 of 2018 registered with the Kalyan Railway Police Station, Kalyan, Thane, for the alleged offences punishable under Sections 376 of the Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act.

¶11

3 Perused the papers. According to the prosecutrix, aged 17 years, she met the applicant, aged 20 years on the train, as he used to sell

1/4

SQ Pathan

ba.769.19.26.doc

water bottles on the train between Thane to Kalyan. According to the prosecutrix, six months prior, the applicant told her that they will go to Kurla by Ajnee Train, pursuant to which, they went in the compartment meant for the handicapped persons, of the said train. The prosecutrix has stated that no one except she and the applicant were present in the said Compartment. According to the prosecutrix, the applicant had committed forcible sexual assault on her, after promising marriage. According to the prosecutrix even thereafter, the applicant had physical relations with her, pursuant to which, she became pregnant. She has stated that the applicant took her to the doctor for sonography and when it was revealed that she was six month’s pregnant, she asked the applicant to marry her, to which, the applicant refused. Pursuant thereto, the aforesaid complaint was lodged.

¶16

4 Learned counsel for the applicant states that the prosecutrix has delivered a child, who is one year old and that the prosecutrix stays with her family as well as the applicant’s family. Learned counsel for the applicant submits that the relations between the parties were consensual.

¶17

5 Whether the relations were consensual or not, is a matter, which will be decided by the trial Court. The applicant is in custody since January 2018. Investigation is complete and charge-sheet is filed.

2/4

SQ Pathan

ba.769.19.26.doc

6 Considering the aforesaid, the application is allowed on the following terms and conditions :

¶22

ORDER

¶23

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 10,000/- with one or two sureties in the like amount;

¶24

(ii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

¶25

(iii) The applicant shall inform his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

¶26

(iv) The applicant to cooperate with the conduct of the trial and attend all the dates before the trial Court, unless exempted.

¶27

7 The application is accordingly disposed of.

3/4

SQ Pathan

ba.769.19.26.doc

8 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.

¶32

9 All concerned to act on the authenticated copy of this order.

¶33

REVATI MOHITE DERE, J.

¶34

4/4

¶35

SQ Pathan

Vijay Omprakash Chaturi Chauhan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vijay Omprakash Chaturi Chauhan 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

Case details

Similar cases

Santosh Kumar Umashankar Singh Vs the State of Maharashtra

Nikesh Sevasinh Thakur Vs the State of Maharashtra

Saijuddin Harun Qureshi @ Pappu Vs the State of Maharashtra

Nilesh Ramashankar Sharma Vs the State of Maharashtra

Amit Niranjan Singh Vs the State of Maharashtra

Devanand Dada Jadhav Vs the State of Maharashtra and Anr.