Akash Prakash Batawale Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Akash Prakash Batawale Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest in FIR No. 0470/2024, release on PR bond of Rs.20,000/- with one or two sureties in like amount, subject to conditions (police-station attendance when called, no tampering with evidence or influencing of informant/witnesses, co-operation with investigation and trial), with liberty to seek cancellation on breach.

Issue for consideration

Whether the applicant, apprehending arrest in FIR No. 0470/2024 (Vazirabad Police Station, District Nanded) for offences under Sections 87, 78, 137(2) of the BNS and Section 12 of the POCSO Act, is entitled to anticipatory bail and confirmation of the interim protection granted on 21/02/2025.

Court's answer

Interim protection granted on 21/02/2025 is confirmed, considering the Court's earlier observations, the victim's Section 164 Cr.P.C. statement, the absence of any form of assault on the victim, and the prima facie finding that she accompanied the applicant voluntarily.

Ratio / Principle

Interim protection had been granted because the record indicates the relationship between the applicant and the victim was consensual and she prima facie voluntarily accompanied him to Jalna and stayed at his residence.

Key takeaways

Anticipatory bail granted: in the event of arrest in FIR No. 0470/2024, the applicant is to be released on a PR bond of Rs.20,000/- with one or two sureties in the like amount, to the satisfaction of the trial Court.ratio¶8(i)
Condition: the applicant shall attend the police station as and when called by the police.ratio¶8(ii)
Condition: the applicant shall not tamper with prosecution evidence and shall not influence the informant, witnesses and other persons concerned with the case.ratio

Detailed headnote1 paragraphs

Anticipatory bail application allowed and interim protection (order dated 21/02/2025) confirmed by Arun R. Pedneker, J. (Bombay High Court, Aurangabad Bench) in favour of the applicant apprehending arrest in FIR No. 0470/2024, Vazirabad Police Station, District Nanded, for offences punishable under Sections 87, 78, 137(2) of the BNS and Section 12 of the POCSO Act. Relying on the record indicating a consensual relationship between the applicant and the 17-year-old victim girl, her prima facie voluntary accompaniment to and stay at the applicant's Jalna residence, the victim's Section 164 Cr.P.C. statement, and the absence of any form of assault on her, the Court directed that on arrest the applicant be released on a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station when called, not tampering with evidence or influencing the informant and witnesses, and co-operating with the investigation and trial; breach renders the bail liable to cancellation. Observations were expressly confined to the disposal of the anticipatory bail application. Fees of the appointed counsel for respondent No.2 were quantified at Rs.10,000/-, payable by the High Court Legal Services Sub-Committee, Aurangabad.

2025:BHC-AUG:6996

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

930 ANTICIPATORY BAIL APPLICATION NO. 99 OF 2025

Akash Prakash Batawale

VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Sharma Kartik Rajesh APP for Respondents-State: Mr. A.A.A.Khan Advocate for Respondent No.2 : Ms. Aishwarya C. Deshpande (Appointed) Advocate for Respondent No.2 : Mr. Vaibhav D. Karande

CORAM : ARUN R. PEDNEKER, J.

Dated : March 11, 2025.

PER COURT :-

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

The applicant has approached this Court apprehending arrest in connection with FIR No. 0470/2024, registered with Vazirabad Police Station, District Nanded, for the offence punishable under Sections 87, 78, 137 (2) of the BNS and Section 12 of the POCSO Act.

By order dated 21/02/2025, this Court granted interim protection to the applicant, referring to paragraphs 3 and 4 as under : -

“3] The allegation against the applicant is that the applicant has taken the victim girl from Nanded to Jalna and made video of the victim girl and he threatened the victim to viral the said video on social media. On the basis of the said allegations, the FIR is registered against the applicant.

4] It appears from the record that the relations between the

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930 ABA 99-2025

applicant and victim girl, aged about 17 years, are consensual. Prima facie it appears that the victim on her own accompanied the applicant to Jalna at the house of the applicant. Thereafter, the victim was taken to the Police Station by the brother and mother of the applicant wherein she was referred to C.W.C.”

The learned Counsel for the applicant submits that the applicant has cooperated with the investigation in terms of the interim order passed by this Court. Today, the learned APP placed on record the statement of the victim recorded under Section 164 of the Cr.P.C.

This Court granted interim protection to the applicant as the record indicates that the relationship between the applicant and the victim was consensual and prima facie it appears that the victim voluntarily accompanied the applicant to Jalna, where she stayed at the applicant's residence.

This Court appointed Ms. Aishwarya C. Deshpande to represent respondent No.2. Subsequently, the learned Counsel Mr. Vaibhav D. Karande received instructions to appear for respondent No.2. Accordingly, both were permitted to represent respondent No.2.

The learned Counsel Mr. V. D. Karande for the respondent No.2 submits that he would oppose the bail application on instructions. However, considering the observations of this Court in the order dated

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930 ABA 99-2025

21/02/2025, the victim's statement recorded under Section 164 of the Cr.P.C., the absence of any form of assault on the victim, and the prima facie finding that the victim accompanied the applicant voluntarily, the interim protection granted to the applicant is confirmed.

In view of the above, the application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No. 0470/2024, registered with Vazirabad Police Station, District Nanded, for the offence punishable under Sections 87, 78, 137 (2) of the BNS and Section 12 of the POCSO Act, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] 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.

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

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

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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.

The application stands disposed of.

Fees of the appointed advocate Ms. Aishwarya C. Deshpande is quantified at Rs.10,000/- (in words rupees ten thousand only), to be paid by High Court Legal Services Sub-Committee, Aurangabad

vj gawade/-.

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