Mohammad Usman Bindu Dhobi vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2024)

Mohammad Usman Bindu Dhobi vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2024)

What the court decided

AI extract

Outcome

Release on bail in connection with Crime No. 38 of 2023 (Khadak Police Station, Pune) on furnishing P.R. Bond of Rs. 25,000 with one solvent surety in the like amount, subject to conditions: (iii) not to enter the territorial jurisdiction of Khadak Police Station, District Pune City, till conclusion of trial except for attending trial; (iv) to attend a nearby police station on the 1st and 16th day of each month between 10:00 am and 11:00 noon except on trial dates; (v) no direct or indirect inducement, threat or promise to persons acquainted with the facts and no tampering with evidence; (vi) liberty reserved to the State for cancellation of bail if a similar offence is committed or any condition breached; (vii) regular attendance before the trial Court unless exemption is granted by the trial Court.

Issue for consideration

Whether the applicant, charged in Crime No. 38 of 2023 (Khadak Police Station, Pune) under Sections 376, 376(2)(f), 376(2)(n), 354 r/w Section 34 IPC and Sections 4, 5(l), 5(m), 5(n), 5(p), 6, 8 POCSO Act, 2012, should be granted regular bail under Section 439 CrPC. +1 more

Court's answer

On review of the charge-sheet and investigation material, one victim made no allegation against the applicant; per the other victim's Section 164 statement, the main accused is the victims' cousin who repeatedly sexually assaulted them, and the applicant, a friend of the main accused, faces certain allegations of sexual assault.

Ratio / Principle

Considering that the charge-sheet has been filed, the applicant's incarceration of about 1½ years, and that there are no antecedents against him, the Court held that the custody of the applicant is not necessary.

Key takeaways

There are no antecedents against the applicant.ratio¶20
The Criminal Bail Application is allowed: the applicant is to be released on bail in Crime No. 38 of 2023 on furnishing a P.R. Bond of Rs. 25,000 with one solvent surety in the like amount, subject to conditions (exclusion from Khadak Police Station jurisdiction except for trial attendance; reporting at a nearby police station on the 1st and 16th of each month; no inducement/threat/promise or tampering with evidence; liberty to the State for cancellation on similar offence or breach; regular trial attendance unless exemption granted by the trial court).ratio¶26

Detailed headnote1 paragraphs

Regular bail under S. 439 CrPC granted to the applicant facing charges in Crime No. 38 of 2023 (Khadak Police Station, Pune) under Ss. 376, 376(2)(f), 376(2)(n), 354 r/w S. 34 IPC and Ss. 4, 5(l), 5(m), 5(n), 5(p), 6, 8 of the POCSO Act, 2012. Reviewing the charge-sheet and investigation material, the Court noted that one victim made no allegation against the applicant, while the other victim's S. 164 statement principally implicated the victims' cousin as the main accused, the applicant being his friend against whom certain allegations of sexual assault existed. With the charge-sheet filed, incarceration of about 1½ years, and no antecedents, the Court held continued custody unnecessary and allowed the application. Release ordered on a P.R. Bond of Rs. 25,000 with one solvent surety in the like amount, with restrictive conditions: exclusion from Khadak Police Station jurisdiction (except trial attendance), fortnightly reporting at a nearby police station on the 1st and 16th of each month, prohibition on inducement/tampering with evidence, liberty to the State to seek cancellation on commission of a similar offence or breach of conditions, and regular trial attendance unless exemption is granted by the trial Court.