Allowed

Vishakh Vijayan v. the State of Maharashtra and Anr.

Bombay HC2 Sept 2021BA/1130/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant under POCSO and IPC charges. The judge found the prosecution case doubtful and noted the applicant had already served over a year and a half as an under-trial prisoner.

What did the court decide?

The applicant released on PR bond of Rs. 25,000/- with one or more sureties in like sum, with undertaking to stay in another district and report to I.O.

Vishakh Vijayan Vs the State of Maharashtra and… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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27-BA-1130-2021.odt

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Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2021.09.02 18:53:29 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.1130 OF 2021

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Vishakh Vijayan … Applicant Vs The State of Maharashtra & Anr. ... Respondents

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Ms. Anjali Patil i/by Mr. Vinod Gangwal for the Applicant.

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Mr. H.J.Dedhia, APP for the Respondent-State.

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PI Sagvekar attached to Vile Parle P.Stn. Present.

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CORAM : SANDEEP K. SHINDE J. DATE : 2ND SEPTEMBER, 2021.

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P.C. :

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Heard.

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2 Applicant is seeking his enlargement on bail in

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connection with the Crime No.421 of 2020 registered at Vile-Parle Police Station under Sections 363, 354 of the Indian Penal Code, 1862 and Sections 8 and 12 of the Protection of Children From Sexual Ofences Act, 2012.

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Shivgan 1/5

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27-BA-1130-2021.odt

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3 Victim’s mother is the complainant. On 17 th October, 2020, she lodged missing complaint. It was registered under Section 353 of the IPC against unknown person. Whereafter on 21 st October, 2020, victim’s statement was recorded. At the material time, she was 17 year old. Victim stated that the applicant was asking sexual favours from her repeatedly. Although she did not respond to applicant’s desire, in 2019 while she was sleeping in the house with her grand-mother, applicant inappropriately touched her. Victim was referred for medical examination. She narrated the history to the medical ofcer. It shows, applicant and victim’s mother were in relationship since 2015. Evidence on record shows that there were disputes and diferences between the victim and her mother, may be for the reason that victim’s mother was in relationship with the applicant. Not only victim narrated these facts to medical ofcer but she also wrote letter to her mother. It is part of the charge-sheet. I have perused the letter. In the

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Shivgan 2/5

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27-BA-1130-2021.odt

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letter, victim has expressed her displeasure over her mother’s relationship with the applicant.In the back-drop of these facts, in my view, prosecution case is rendered indefnite and doubtful. Although the complainant was i served with the notice, she chose to remain absent. Even otherwise, applicant is incarcerated since October, 2020. Punishment for sexual assault and sexual harassment under the POCSO Act, 2012 may extend to three years. Applicant has already undergone imprisonment as under-trial prisoner for more than year and half.

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4 In consideration of these facts, I am inclined to

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grant bail to the applicant. Hence, the following order:

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ORDER

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(i) The applicant in Crime No. 421 of 2020 registered with Vile Parle Police Station, shall be released on executing PR bond for the sum of Rs.25,000/- with one or more sureties in like sum.

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Shivgan 3/5

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27-BA-1130-2021.odt

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(ii) The applicant undertakes that he will stay in another district. Undertaking is accepted. Applicant shall give particulars of his new residence and contact details to the Investigating Ofcer within seven days from the date of his release from the jail.

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(iii) The applicant shall report to the Investigating Ofcer once in a month, i.e., 2 nd Monday of each month between 11 a.m. to 1 noon commencing from September, 2021 till the charge is framed.

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

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5 The application is accordingly allowed and

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disposed of.

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Shivgan 4/5

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27-BA-1130-2021.odt

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6 It is made clear that observations made here-in-

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above be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings.

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(SANDEEP K. SHINDE, J.)

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Shivgan 5/5

Vishakh Vijayan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vishakh Vijayan v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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