Allowed

Vishal Vyankat Jadhav v. State of Maharashtra and Anr.

Bombay HC2 Feb 2023BA/116/2023

Case brief

AI extract

What is this about?

In a POCSO bail application involving an accused charged with aggravated sexual assault on a 15-year-old minor, the High Court released the applicant on bail after noting the investigation was complete, no criminal antecedents existed, and the victim/complainant had no objection to release.

What did the court decide?

Applicant released on bail on furnishing Personal Bond of Rs. 15,000 with one or more sureties in the same amount.

Vishal Vyankat Jadhav Vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2023)

¶1

Darshan Patil

¶2

23.ba.116-23.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

BAIL APPLICATION NO.116 OF 2023

¶5

Vishal Vyankat Jadhav ..Applicant VS. The State of Maharashtra and Anr. ..Respondents ------------

¶6

Adv. Anjali Patil for the Applicant.

¶7

Ms. A. A. Takalkar, APP for the State.

¶8

PSI- Vijay Mohite, Park Site Police Station.

¶9

CORAM : M. S. KARNIK, J.

¶10

DATE : FEBRUARY 2, 2023

¶11

P.C. :

¶12

1. Heard learned counsel for the applicant and learned APP for the State.

¶13

2. This is an application for bail by the applicant- Vishal Vyankat Jadhav in connection with C.R. No.271 of 2022 dated 10/05/2022, registered with Parksite Police Station, under sections 363, 376 and 506 of the Indian Penal Code, 1860 and sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

¶14

3. The FIR was registered on 10/05/2022 by the mother of the victim. The applicant is arrested on 01/08/2022. At the relevant time, the age of the victim was 15 years and

¶15

1/3

¶16

Darshan Patil 23.ba.116-23.doc

¶17

the applicant was 21 years of age. There are no criminal antecedents reported against the applicant. The investigation is complete and the charge-sheet has been filed.

¶18

4. I have heard learned counsel for the complainant. The complainant and the victim are present in the Court today. Learned counsel for the complainant submitted that the applicant and the victim shared cordial relations and therefore the complainant as well as the victim have no objection, if the applicant is released on bail.

¶19

5. So far as the alleged offence is concerned, the same is serious in nature. The victim is minor of 15 years of age. From the statement of the victim, though it appears that the relationship was consensual in nature, the victim being minor her consent is immaterial. Considering the fact that the investigation is complete and the charge-sheet has been filed and even as per the statement of the learned counsel for the complainant that the complainant and the victim have no objection if the applicant is released on bail, no fruitful purpose will be served by detaining the applicant in custody as he is a young boy of 21 years of age. Hence, the

2/3

Darshan Patil

23.ba.116-23.doc

following order.

ORDER

(a) ApplicantVishal Vyankat Jadhav in connection with C.R. No.271 of 2022, registered with Parksite Police Station, shall be released on bail, on his furnishing P.R. Bond of Rs.15,000/with one or more sureties in the like amount;

¶26

(b) The applicant is permitted to furnish temporary cash bail surety, in the sum of Rs.15,000/-, for a period of 6 weeks, in lieu of surety;

¶27

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence;

¶28

(d) The applicant shall regularly attend the trial on the dates fixed;

¶29

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

¶30

6. The application is disposed of.

¶31

(M. S. KARNIK, J.)

¶32

3/3

Vishal Vyankat Jadhav v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vishal Vyankat Jadhav v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shantabai Dharma Shrikhande Vs State of Maharashtra

Arshad Riyaz Shaikh Alias Madrasi Vs the State of Maharashtra

Prashant Pandurang Aainapure Vs the State of Maharashtra

Sangita Rahul Awasare Vs State of Maharashtra

Anant Balwant Malwankar Vs State of Maharashtra

Yash Anil Nirmal Vs State of Maharashtra