Allowed

Vikas Bhaurao Rokade v. the State of Maharashtra and Anr.

Bombay HC25 Nov 2021BA/2209/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court of Bombay allowed the release on bail of the accused, who was charged with abduction, rape, and sexual assault on a 13-year-old minor. The court concluded that detaining the juvenile applicant served no useful purpose given the completed investigation and lack of criminal history.

What did the court decide?

Released on bail in Rs. 20,000 with sureties, with liberty to approach the Trial Court for further orders.

Vikas Bhaurao Rokade Vs the State of… — Child Custody and Guardianship | Bombay HC (2021)

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BA-2209-2021.doc

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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.2209 OF 2021

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VIKAS BHAURAO ROKADE

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)...APPLICANT

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V/s.

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1) THE STATE OF MAHARASHTRA)
2) X)...RESPONDENTS

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Mr.Ganesh Gole i/b. Mr.Ateet Shirodkar, Advocate for the
Applicant.

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Smt.Anamika Malhotra, APP for the Respondent – State.

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CORAM: V. G. BISHT, J.

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 RESERVED ON : 17th NOVEMBER 2021
 PRONOUNCED ON : 25th NOVEMBER 2021

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P.C.:

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1The present application has been moved by the

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applicant under Section 439 of the Code of Criminal Procedure in

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Crime No.331 of 2019 registered with Police Station Yavat, Pune,

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for offences punishable under Section 363, 376, 366 of the

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Indian Penal Code (IPC) and under Section 4, 8 and 12 of

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Protection of Children from Sexual Offences Act (POCSO Act).

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AVK 1/7

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Digitally signed byARTI ARTI VILAS VILAS KHATATE KHATATE Date: 2021.11.25 15:05:39 +0530

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BA-2209-2021.doc

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2According to the prosecution, victim at the relevant
time was 13 years 2 months old and was a student of Class 7. On
11th April 2019, at about 11.00 a.m., she left for school but did
not return till evening. Accordingly, the informant’s father
lodged report.

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3During the course of investigation it revealed that
applicant and victim were in love with each other and as the
informant wanted to get the victim married, both the applicant
and victim decided to run away from the house. It is further
alleged that they travelled various places in Maharashtra and also
had physical relations. After conclusion of investigation charge-
sheet came to be filed.

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4Mr.Ganesh Gole, learned counsel for the applicant,

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submits that the present case is of love affair. It may be that the victim is a minor girl, however, she on her own had run away with the applicant. The learned counsel also invited my attention to the statement of victim dated 16^th October 2019 and as also AVK 2/7

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BA-2209-2021.doc

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the statement recorded under Section 164 of the Code of Criminal
Procedure (Code) by learned Judicial Magistrate First Class, Daund,
in order to point out the inconsistencies between the two
statements. Investigation is completed. There are no criminal
antecedents. Having regard to the age of the applicant, it would
not be desirable to keep him behind the bars and for all these
reasons, the application needs to be allowed, urged learned
counsel.

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5Smt.Anamika Malhotra, learned APP, on the other hand,
opposed the submissions by submitting that the victim was only 13
years 2 months old when the incident in question took place.
Therefore, no leniency should be shown.

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6The learned counsel for respondent no.2 – informant
also opposed the application by contending that the victim was
minor and then emphasised the statement of the victim recorded
under Section 164 of the Code by the learned Judicial Magistrate
First Class, Daund. There being no merit in the application, the

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AVK 3/7

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BA-2209-2021.doc

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same is liable to be rejected.

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7Perused the investigation papers. I have gone
through the statement of victim dated 16th June 2019. From the
statement apparently and there is no dispute to the fact, that the
minor, at the relevant time was 13 years 2 months old. Her
statement would show that she was in love with the applicant
and when her parents decided to fix her marriage, she narrated
this fact to the applicant whereupon both of them decided to run
away. On 11th April 2019, accordingly, from Daund they went to
Latur and from there to Ahmednagar, Jamkhed and lastly to
Village Ashti at applicant’s aunt’s place. At all these places both
of them had physical relations.

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8I have also gone through statement recorded under
Section 164 of the Code by learned Judicial Magistrate First
Class, Daund. In the said statement, she has improved her earlier
version and tried to give a colour to the whole incident as if she

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AVK 4/7

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BA-2209-2021.doc

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was forcibly taken by applicant with the help of his friend,
namely, Sonya Damodare.

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9From the material on record it is clear that the victim

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at the relevant time was of only 13 years 2 months old. However,
her conduct speaks a lot. Even otherwise, having regard to the
age of the applicant and as also circumstances of the case, in my
considered opinion, no fruitful purpose would be served by
keeping the applicant behind the bars, particularly when the
investigation is over and charge-sheet has been filed. No
criminal antecedents are forthcoming on record.

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10In view of this, I am inclined to allow the application.
Hence, I pass the following order.

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ORDER

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(i)Applicant – Vikas Bhaurao Rokade shall be released on bail
in Crime No.331 of 2019 registered with Police Station
Yavat, Pune, on his executing P.R.Bond in the sum of
Rs.20,000/- with one or two sureties in like amount.

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AVK 5/7

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BA-2209-2021.doc

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(ii)The applicant shall not tamper with prosecution evidence.

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(iii)The applicant shall attend the trial Court regularly.

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(iv)Bail before the trial Court.

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(v)Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.

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(vi)It is made clear that the observations made herein are prima

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facie and the trial Court shall decide the case on its own

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merit, in accordance with law, uninfluenced by the
observations made in this order.

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(vii)The application is allowed in the aforesaid terms and stands

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disposed off accordingly.

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 (V. G. BISHT, J.)

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AVK 6/7

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BA-2209-2021.doc

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AVK 7/7

Vikas Bhaurao Rokade v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vikas Bhaurao Rokade v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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