Ravi Gajanan Hiware Vs State of Maharashtra Thr. Its Investigting Officer, P.S. Telhara, Tq. Telhara, Dist. Akola

By this application, the applicant is seeking bail as he came to be arrested on 26/10/2024 in connection with Crime No.329/2024 registered with Police Station Telhara, District Akola for the offences punishable under Sections 74, 75(i) and 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

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The crime is registered on the basis of report lodged by the mother of the victim on an allegation that the victim was taken by the present applicant for giving her chocolate and thereafter molested her. On the basis of the said report, police have registered the crime against the present applicant.

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Learned Counsel for the applicant submitted that as far as the allegations are concerned which are only to the extent of touch to the cheek and lips. There is no penetrative sexual assault. Even victim has not stated when her statement is recorded by the Magistrate under

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922.ba.141.25.odt

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Section 164 of the Criminal Procedure Code. He submitted that now investigation is completed and charge-sheet is filed, further incarceration of the applicant is not required. In view of that, he be released on bail.

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Learned APP and learned Counsel for nonapplicant No.2 strongly opposed the application and submitted that three years small girl is subjected for the sexual harassment and molestation by the present applicant. In view of that, the application deserves to be rejected.

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I have heard learned Counsel for both the sides. Perused the investigation papers from which it reveals that the allegations are levelled against the present applicant that he has inappropriately touched to the body parts of the victim. The statement of the victim is recorded and specific question was asked about the incident and she has narrated that the applicant has touched to her lips, nose and cheeks. Thus, considering the statement of the victim and considering the fact that now the investigation is completed and charge-sheet is filed, further incarceration of the applicant is not required. Accordingly, I proceed to pass following order:

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(i) The application is allowed.

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(ii) The applicant - Ravi Gajanan Hiware in connection with Crime No.329/2024 registered with Police Station Telhara, District

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922.ba.141.25.odt

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Akola for the offences punishable under Sections 74, 75(i) and 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, be released on bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

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(iii) The applicant shall not enter into the vicinity of village Telhara, Tahsil Telhara, District Akola till culmination of trial.

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(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

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(v) The applicant shall furnish his detailed address where he is intending to reside after he is released on bail, with address proof, before the investigating agency.

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The application stands disposed of.

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The fees of the appointed Counsel be quantified as per rules.

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(URMILA JOSHI-PHALKE, J.)

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*Divya

Ravi Gajanan Hiware v. State of Maharashtra Thr. Its Investigting Officer, P.S. Telhara, Tq. Telhara, Dist. Akola

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Ravi Gajanan Hiware v. State of Maharashtra Thr. Its Investigting Officer, P.S. Telhara, Tq. Telhara, Dist. Akola

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