Allowed

Rajesh Inderlal Chaudhary v. the State of Maharashtra

Bombay HC13 Aug 2021BA/2204/2021

Case brief

AI extract

What is this about?

Criminal court granted bail to an applicant accused of showing pornography to his minor daughter under Sections 354-A IPC and 12 POCSO. The court relied on the complainant's affidavit explicitly waiving grievances and consenting to bail.

What did the court decide?

The applicant is released on bail on executing a Police Receipt bond for Rs. 20,000 with one or more sureties in the like sum.

Rajesh Inderlal Chaudhary Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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BA-2204-2021 (sr.22)
13August,2021

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Rane

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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. 2204/2021

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Rajesh Inderlal Chaudhary ..... Applicant

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V/s.

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The State of Maharashtra

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....Respondent

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* * * *

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Ms. Saili N. Dhuru, Advocate for the applicant.

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Ms. Juanita John Menezes, Advocate for the complainant.

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Mr. H.J. Dedhia, APP for State.

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CORAM : SANDEEP K. SHINDE, J.
(through Video Conference)

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Friday, 13th August, 2021.

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P.C. :

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1. Heard learned Counsel for the applicant and

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learned APP for State.

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2. This is an application for bail.

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Rane2/4 BA-2204-2021 (sr.22)
13August,2021

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3. Prosecution case in brief is that, the applicant
had shown pornography to his minor daughter. She

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divulged this fact to her mother, whereafter the mother
filed an FIR and Crime No.I-26/2021 was registered under
Section 354-A of the Indian Penal Code and Section 12 of
the Protection of Children from Sexual Offences Act,
(“POCSO Act” for short). The applicant was apprehended
on 23rd January, 2021. The investigation is over and the
chargesheet has been filed.

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4. Complainant has appeared suo-moto. She is

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represented by her lawyer. She has filed an Affidavit sworn
on 13th August, 2021. Paras (d) and (e) of the Affidavit
reads as under :

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“(d)I say that the FIR bearing CR No.26 of 2021
registered with the Shivajinagar Police Station,
Dist: Thane was lodged due to some
misunderstanding. I say that now I have no
grievance against the applicant and have no
objection if the applicant is released on bail.

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BA-2204-2021 (sr.22)
13August,2021

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(d) I am filing this affidavit on my own free will
without any force or coercion from any one as I
feel that applicant should be released on bail.”

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5. Affidavit is taken on record and marked “X-1”

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for identification. In consideration of the facts of the case
and in particularly, the Affidavit of the complainant, I am
inclined to release the applicant on bail. Even otherwise,
the offence is punishable with imprisonment for maximum
period of three years. The application is allowed.

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6. The applicant arrested in Crime No.I-26/2021
registered at Shivajinagar Police Station, Ambernath, shall
be released on bail on executing P.R. bond for the sum of

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Rs.20,000/- (Rs. Twenty Thousand only) with one or more
sureties in the like sum.

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7. The applicant shall report to the Investigating

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Officer as and when called and co-operate in the

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investigation.

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BA-2204-2021 (sr.22)
13August,2021

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Rane

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8. The applicant shall furnish his permanent

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residential address and contact number to the Investigating

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Officer forthwith within a week of his release from jail.

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9. The applicant shall not tamper with the evidence
or attempt to influence or contact the complainant,

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witnesses or any person concerned with the case.

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10. The application is accordingly allowed and

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disposed off.

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11. It is made clear that, observations made

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hereinabove, shall be construed as expression of opinion for

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the purpose of granting bail only and the same shall not, in

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any way, influence the trial in other proceedings.

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NEETA SHAILESH SAWANT

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Digitally signed by NEETA SHAILESH SAWANT Date: 2021.08.13 19:36:49 +0530

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(SANDEEP K. SHINDE, J.)

Rajesh Inderlal Chaudhary v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajesh Inderlal Chaudhary v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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