Allowed

Bhushan Vitthal Pawar v. the State of Maharashtra and Another

Bombay HC9 Nov 2023ABA/1593/2023

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed an anticipatory bail application filed by Bhushan Vitthal Pawar. The court granted bail after holding that provisions of the POCSO Act may not apply as the victim was major, leading to a fit case for release on bail.

What did the court decide?

Application allowed; Applicant released on bail upon furnishing a PR bond of Rs. 15,000 with one surety in the like amount, subject to conditions including not contacting witnesses.

Bhushan Vitthal Pawar Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2023)

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952-ABA-1593-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1593 OF 2023

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BHUSHAN VITTHAL PAWAR

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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...

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Advocate for Applicant : Mr. A. K. Bhosle
APP for Respondent No. 1: Mr. V. S. Badakh
Advocate for Respondent No. 2: Ms. A. S. Madake

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...

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CORAM:R.M. JOSHI, J
DATE:NOVEMBER 09, 2023

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PER COURT :

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1.At the outset, learned Counsel for the

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Applicant seeks leave to place on record copy of the
charge-sheet.

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2.Leave granted. Charge-sheet is taken on

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record.

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3.Applicant apprehends arrest in connection with

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with C.R. No. 523 of 2023 registered with Rahata Police

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Station, Dist. Ahmednagar for the offences punishable
under Sections 370, 376(2)(m), 376(2)(n), 323, 504, 506
read with Section 34 of the Indian Penal Code and

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Sections 3, 3-A, 4, 5(j)(2)(l), 6, 9, 16 and 17 of the
Protection of Children from Sexual Offences Act, 2012

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Page 1 of 4

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952-ABA-1593-2023.odt

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(for short ‘POCSO Act’).

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4.Informant/victim claims that she was forced to
do prostitution by her maternal aunt. There are several
allegations made in the FIR wherein name of the present
Applicant is also recorded. He apprehends arrest due to
the same.

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5.Learned Counsel for the Applicant submits that
perusal of the charge-sheet indicates that the victim
is major and as such, the provisions of POCSO Act are
not applicable to the present case. He further
submitted that even if the statements in the FIR are
accepted, no offence under Section 376 of IPC can be
said to be made out against him.

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6.Learned Counsel for the informant/victim
states that she had personally visited to Shaskiya
Mahila Sudhar Gruha, Pune and had a word with the
informant in presence of her brother and Probation
Officer. She candidly states that she does not know

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name of the Applicants and according to her, his name
is included in FIR at the instance of her aunt.

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Page 2 of 4

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952-ABA-1593-2023.odt

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7.Considering the affidavit fled by the victim
and also having regard to the fact that the victim was
major and the provisions of POCSO Act may not get
attracted to the present case, it is a fit case for
grant of anticipatory bail.

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8.In view of above, application is allowed.

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Hence, the order:

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O R D E R

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(i) In the event of arrest of the Applicant in connection with with C.R. No. 523 of 2023 registered with Rahata Police Station, Dist. Ahmednagar for the offences punishable under Sections 370, 376(2)(m), 376(2)(n), 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3, 3-A, 4, 5(j)(2)(l), 6, 9, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount.

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(ii) He shall attend the concerned police station as and when required.

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(iii)He shall not contact the witnesses directly or indirectly.

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(iv) He shall not interfere with the evidence in any manner whatsoever.

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Page 3 of 4

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952-ABA-1593-2023.odt

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(v) He is further directed to cooperate the investigating agency for further investigation.

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 (R. M. JOSHI, J.)

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Malani

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Page 4 of 4

Bhushan Vitthal Pawar v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Bhushan Vitthal Pawar v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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