Allowed

Sankesh Anant Kadam v. State of Maharashtra

Bombay HC6 Nov 2023BA/3876/2022

Case brief

AI extract

What is this about?

The High Court of Bombay allowed bail to the accused, Sankesh Anant Kadam, involved in crimes under Sections 376 and 506 IPC. The court held that since the informant is a major, DNA report status or potential pressure cannot automatically deny bail. Apprehensions were addressed by imposing restrictive conditions including a residence bond and restriction to Thane/Mumbai.

What did the court decide?

Bail granted on furnishing P.R. Bond of Rs.25,000 with one solvent surety in like amount, along with conditions restricting movement and threatening witnesses.

Sankesh Anant Kadam Vs State of Maharashtra — Bail and Remand | Bombay HC (2023)

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36.BA.3876.2022.doc

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Vijay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.3876 OF 2022

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Sankesh Anant Kadam….Applicant
 Versus
The State of Maharashtra ….Respondent

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Digitally signed SHANTANU by SHANTANUSHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2023.11.08 18:04:38 +0530

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Mr. Anand Awasarmol, Advocate for the Applicant.
Ms. Pallavi Dabholkar, APP for the Respondent/State.

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CORAM : G. A. SANAP, J.

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DATE : 6th NOVEMBER, 2023.

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P.C. :

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1. The applicant/accused in Crime No.I-26/2022, registered

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with Kalwa Police Station, District Thane for the offences punishable
under Sections 376, 506, 506(2) and 504 of the Indian Penal Code,
1860 (for short “IPC”) and Section 92(d) of the Disabled Persons
Right Act, 2016, has made this application for bail.

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2.Learned advocate for the applicant/accused submitted that

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the applicant is in jail since January, 2022. Learned advocate
submitted that the relationship between the accused and the

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36.BA.3876.2022.doc

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Vijay

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informant was consensual. Learned advocate submitted that the
informant disclosed about the pregnancy after eight months of
conception. Learned advocate submitted that on the pressure of the
father, the informant has reported this matter to the police. Learned
advocate submitted that considering the nature of relationship and
the fact that the trial is not likely to get over in next few years, the
accused may be released on bail. Learned advocate submitted that
the accused is ready to abide by the conditions that may be imposed
by this Court.

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3.Learned APP submitted that the informant was put under
constant pressure by the accused and by applying pressure and
threat, she was subjected to sexual assault. Learned APP pointed out
that the informant is the cousin sister of the accused. Learned APP
submitted that the informant has begotten a female child. Learned
APP further submitted that DNA report in the crime is awaited and
therefore, the bail application may not be allowed. Learned APP
further submitted that considering the dominant position of the
accused, possibility of extending threat to the informant and the
witnesses cannot be ruled out.

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36.BA.3876.2022.doc

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Vijay

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4.It is seen that in this case, the informant is major. It is the
case of the accused that it was consensual act. As far as this aspect of
consensual act is concerned, at this stage, Court cannot go into the
merits of the case. It is seen on perusal of the record that the accused
and the informant were in relationship almost for three years. It is
seen that after premature delivery of the child, the matter was
reported to the police. It is seen that the informant is the cousin
sister of the accused. Their relationship has to be taken into
consideration. It is seen on perusal of the record that for three years,
the informant did not make any complaint to anybody.

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5.The DNA report is awaited. Even if it is assumed that DNA
report is positive against the accused, it may not stand in the way of
the accused for the purpose of deciding his bail application, because
in this case the informant is major. In the facts and circumstances, in
my view, the accused cannot be made to suffer further incarceration.
The chances of completion of trial in the near future are very bleak.
The detention of the accused is not necessary for investigation or
further interrogation. Learned APP submitted that the informant is a
disabled person and therefore, the accused can take disadvantage of

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36.BA.3876.2022.doc

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Vijay

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the situation and threaten and pressurize her. In my view, on this
ground, bail cannot be denied to the accused. The apprehension put-
forth by learned APP can be taken care of by imposing appropriate
conditions. Hence, I pass following order:

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ORDER

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(i) The application is allowed .

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(ii)Applicant – Sankesh Anant Kadam in connection with
Crime No.I-26/2022, registered with Kalwa Police Station, District
Thane, shall be released on bail on his furnishing P.R. Bond in the
sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with one
solvent surety in the like amount.

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(iii)The applicant shall not in any manner threaten or
pressurize the prosecution witnesses.

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(iv)The applicant shall not directly or indirectly tamper with
the prosecution evidence.

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(v)The applicant shall keep himself outside the limits of Gr.
Mumbai and Thane till completion of trial, except for the purpose of
attending the trial on the given date and that too with prior
intimation to the Kalwa Police Station.

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36.BA.3876.2022.doc

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Vijay

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6. The application is disposed of accordingly.

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(G. A. SANAP, J.)

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Sankesh Anant Kadam v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sankesh Anant Kadam v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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