Allowed

Tejas Jayram Shetty v. the State of Maharashtra

Bombay HC3 Mar 2021BA/216/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted bail to the applicant accused in a POCSO case involving threats and sharing of nude photographs, noting the absence of penetrative assault allegations and finding detention unnecessary.

What did the court decide?

The applicant is directed to be released on bail on executing a personal recognizance bond with sureties or by furnishing provisional cash bail security.

Tejas Jayram Shetty Vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2021)

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1 of 3 49-SPK-ba-216-2021 (copy).doc

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Ganesh Lokhande

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 216 OF 2021

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Tejas Jayram Shetty...Applicant
Versus
The State of Maharashtra ...Respondent

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Adv. M. Desai i/b. Adv. T. R. Patel, Advocate for the Applicant.
Mrs. M. R. Tidke, APP for the Respondent – State.
PSI- Vijay K. Kadam, Kurar Police Station.

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CORAM : PRAKASH D. NAIK, J. DATE : 3^rd MARCH, 2021.

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PC :

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1.The applicant is arrested on 22nd October, 2020 in
connection with C.R. No. 886 of 2020, registered with Kurar Police
Station, which is subject matter of Special POCSO case No. 427 of
2020.

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2.The First Information Report (“FIR”) is lodged by victim
aged about 17 years on 21st October, 2020. The applicant is aged
about 19 years. It is alleged that the applicant and the complainant
were close friends. They got acquainted with each other since
December, 2018. It is alleged that the applicant had threatened the
complainant by pointing out knife and forced the complainant to
forward her nude photographs to him. Their friendship continued.
Thereafter, the applicant used to threaten her that he would make
the photographs viral.

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Corrected version of order dated 3^rd March, 2021, pursuant to speaking to minutes of order dated 24^th March, 2021.

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Ganesh Lokhande

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2 of 3 49-SPK-ba-216-2021 (copy).doc

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3.Learned advocate for applicant submit that, it is not
alleged that the applicant had at any point of time forwarded the
photographs to any other person other than the complainant.
Pursuant to the arrest of the applicant, cellphone of the applicant, is
seized by the police. On completing investigation, charge-sheet is
filed. It is not clear as to why Section 8 of the POCSO Act has been
invoked in this case.

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4.On perusal of the FIR, it does not appear that, there was
any penetrative sexual assault. The applicant is aged about 19 years.

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5. Considering the factual matrix of the case, further

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detention of the applicant is not necessary. Hence, case for grant of
bail is made out.

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O R D E R

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i)Bail Application No. 216 of 2021 is allowed;
ii)The applicant is directed to be released on bail in
connection with C.R. No. 886 of 2020, registered
with Kurar Police Station on executing P.R. bond
in the sum of Rs.25,000/-(Rupees Twenty Five
Thousand Only) with one or more sureties in the

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like amount;

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Corrected version of order dated 3^rd March, 2021, pursuant to speaking to minutes of order dated 24^th March, 2021.

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3 of 3 49-SPK-ba-216-2021 (copy).doc

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Ganesh Lokhande

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iii)The applicant shall report concerned police
station once in three months on first Saturday of
the month between 11.00 am. to 1.00 pm.till
further order.

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iv) The applicant is permitted to furnish provisional Cash Bail Security in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety;

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v) Bail Application stands disposed of accordingly.

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(PRAKASH D. NAIK, J.)

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Corrected version of order dated 3^rd March, 2021, pursuant to speaking to minutes of order dated 24^th March, 2021.

Tejas Jayram Shetty v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tejas Jayram Shetty 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

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Coram

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