Disposed

Prashant Arun Shinde v. the State of Maharashtra

Bombay HC12 Nov 2024ABA/2738/2024

Case brief

AI extract

What is this about?

Anticipatory bail application alleging inappropriate touching of a 14-year-old girl, with no penetrative sexual assault alleged. The court appointed legal-aid counsel for the victim and granted interim protection from arrest subject to conditions, listing the matter for final hearing.

What did the court decide?

Interim order: on arrest in FIR No.1186/2023, Shikrapur PS, release on PR bond of Rs.15,000 with like sureties; applicant to attend IO and not tamper with evidence.

Prashant Arun Shinde vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2024)

bipin prithiani

919-aba-2738.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 2738 OF 2024

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Prashant Arun Shinde … Applicant Versus

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The State of Maharashtra … Respondent

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Mr. Narayan Pawar for the Applicant. Mr. Tanveer Khan, APP for Respondent-State. Mr. Sandip L. Salunkhe, API, Shikrapur Police Station.

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CORAM: MANISH PITALE, J. DATE : 17^th DECEMBER 2024

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P.C. :

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. Heard learned counsel for the applicant and learned APP for the respondent-State.

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As per earlier orders, the application was amended and the victim was joined as respondent No.2. The learned APP submits that notice has been served on respondent No.2 through the Investigating Officer. She is praying for legal-aid. But, the learned counsel for the applicant submits that this Court may consider granting interim relief, in the meanwhile.

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Having perused the statement of the informant, who is the mother of the victim, it appears that the alleged incident took place on the terrace of a house of one of the friends of the informant. The victim girl, who is said to be aged about 14 years,

bipin prithiani

919-aba-2738.24.doc

at the relevant time, had visited the said house and she knew the applicant as they were in touch on the social media app Instagram. It is alleged that the applicant called the victim on the terrace and touched her inappropriately.

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Considering the nature of the allegations and particularly, when there is no allegation of penetrative sexual assault, and in the light of the age of the parties, this Court is inclined to grant interim relief, while legal-aid is provided to the victim, so that the application can be finally heard and disposed of.

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The High Court Legal Services Committee is directed to appoint an Advocate from its panel to represent the respondent No.2 (victim).

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The applicant shall provide a copy of this application in the office of the High Court Legal Services Committee within one week from today.

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List the application for further consideration on 23^rd January 2025 (High on Board) .

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In the meanwhile, there shall be interim order in the following terms :

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(a) Till the next date, in the event the applicant is arrested in connection with FIR No. 1186 of 2023 dated 10^th December 2023 registered at Shikrapur Police Station, Dist.

bipin prithiani

919-aba-2738.24.doc

Pune, he shall be released on bail on furnishing PR Bond of Rs.15,000/- and one or two sureties in the like amount.

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(b) The applicant shall remain present before the Investigating Officer on 20^th December 2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when called by the Investigating Officer. The applicant shall cooperate with the investigation.

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(c) The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

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In the event, the applicant violates any of the aforesaid conditions, the order passed today would be recalled.

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MANISH PITALE, J.

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BIPINDHARMENDERPRITHIANI Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2024.12.17 17:45:58+0530

Prashant Arun Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Prashant Arun Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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