Akshay Dnyandev Ambore Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Akshay Dnyandev Ambore Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim protection granted by order dated 27.03.2025 confirmed, subject to conditions: attendance at the concerned police station as and when required by the investigating officer; no tampering with prosecution evidence and no influence on the informant, witnesses or other persons concerned; co-operation with the investigation and trial Court proceedings; and liability to cancellation if the applicant forwards the photographs to any person or violates any condition.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 36/2025 (Purna Police Station, Dist. Parbhani) for offences under Sections 75, 78, 351(3) of the BNS and Section 12 of the POCSO Act, should receive/continue anticipatory bail protection.

Court's answer

On a prima facie view there appears to be some kind of relationship between the applicant and the victim, and they are known to one another.

Ratio / Principle

Considering the above, the interim protection granted by order dated 27.03.2025 stands confirmed.

Key takeaways

Confirmation subject to conditions: the applicant shall attend the concerned police station as and when required by the investigating officer; shall not tamper with prosecution evidence nor influence the informant, witnesses and other persons concerned; and shall co-operate with the investigation and the proceedings before the trial Court.ratio¶19
In the event the applicant forwards the photographs to any person, the anticipatory bail granted shall be liable to be cancelled; equally, violation of any condition specified in the order renders it liable to be cancelled.ratio¶24
Observations made in the order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed further in the matter without being influenced by them.

Detailed headnote1 paragraphs

Anticipatory bail — Aurangabad Bench, Bombay High Court — applicant apprehending arrest in Crime No. 36/2025, Purna Police Station, Dist. Parbhani, for offences under Sections 75, 78, 351(3) of BNS and Section 12 of POCSO Act — allegation that applicant took photographs of the minor victim and threatened her parents to make them viral — interim protection earlier granted by this Court on 27.03.2025, noticing the applicant's relation with the victim and his willingness to surrender his mobile phone; counsel thereafter stated the mobile had been surrendered and that the applicant would not viral the photographs — Court held prima facie there appears to be some kind of relations between the applicant and the victim, who are known to one another, and confirmed the interim protection of 27.03.2025 subject to conditions: attendance at the police station as and when required by the investigating officer, non-tampering with evidence and non-influence on informant/witnesses, co-operation with the investigation and trial Court, with the anticipatory bail liable to cancellation if the applicant forwards the photographs to any person or breaches any condition — observations expressly limited to disposal of the present application, trial Court to proceed uninfluenced — application disposed of (Pedneker, J.; 23.04.2025).

364.25ABA

2025:BHC-AUG:11819

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

953 ANTICIPATORY BAIL APPLN NO.364 OF 2025

AKSHAY DNYANDEV AMBORE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr.V.M.Jadhav APP for Respondent-Sate : Mr.N.R.Dayama

CORAM : ARUN R. PEDNEKER, J. DATE : 23.04.2025

P.C. :

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

2] The applicant is apprehending arrest in connection with Crime No. 36/2025, registered with Purna Police Station, Dist. Parbhani, for the offence punishable under Sections 75, 78, 351 (3) of B.N.S. and Section 12 of the POCSO Act.

3] This Court, by order dated 27.03.2025, has granted interim protection in favour of the applicant noticing that the applicant was in relation with the victim and is willing to surrender his mobile phone to the investigating officer. The allegation against the applicant is that the applicant had taken photographs of the victim girl

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364.25ABA

and he threatened the parents of the victim to make viral the same.

4] The learned counsel for the applicant submits that the applicant has surrendered his mobile to the investigating officer. The learned counsel for the applicant submits that he would not viral the photographs.

5] Prima facie, it appears that there is some kind of relations between the applicant and victim and they known to one and another. Considering the same, the interim protection granted by order dated 27.03.2025 stands confirmed, in the following terms :

i] The applicant shall attend the concerned police station as and when required by the investigating officer.

ii] 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.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

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iv] In the event the applicant forwards the photographs to any person, the anticipatory bail granted shall be liable to be cancelled.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

DDC