Rahul Vinod Patil vs State of Maharashtra and… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Rahul Vinod Patil vs State of Maharashtra and… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant to be released on bail in Crime No. 397 of 2023 (Mundhava Police Station, Dist-Pune) on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to the condition of attending the concerned police station twice a month (first and third Saturday, 11.00 a.m. to 2.00 p.m.) till conclusion of the trial.

Issue for consideration

Whether the applicant should be released on regular bail in Crime No. 397 of 2023 registered at Mundhava Police Station, Dist-Pune. +1 more

Court's answer

Considering the overall facts and circumstances of the case, the court was inclined to release the applicant on bail.

Ratio / Principle

On perusal of the victim's statement dated 26.12.2023 recorded under Section 161 Cr.P.C., the alleged relationship between the present applicant and the victim appears to be consensual.

Key takeaways

The bail application is allowed.ratio¶20
The applicant is to be released on bail in Crime No. 397 of 2023 on furnishing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.ratio¶21
As a condition of bail, the applicant shall attend the concerned police station twice in a month, on the first and third Saturday between 11.00 a.m. to 2.00 p.m., till conclusion of the trial.ratio

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J. — Bail Application No. 3956 of 2024, decided 14.01.2025. Applicant arrested in Crime No. 397 of 2023, Mundhava Police Station, Dist-Pune, for offences punishable under Sections 376, 376(2), 323, 506 IPC and Sections 3(a), 4, 5(k)(1), 6, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, sought regular bail. Perusing the victim's statement dated 26.12.2023 recorded under Section 161 Cr.P.C., the court found the alleged relationship between the applicant and the victim appeared consensual; the applicant had been in jail for more than one year, and the victim filed an affidavit expressing no objection to his release. Considering the overall facts and circumstances, the bail application was allowed: release on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, conditioned on attending the concerned police station twice a month (first and third Saturday, 11.00 a.m. to 2.00 p.m.) till conclusion of the trial.

20-BA-3956-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3956 OF 2024

Rahul Vinod Patil

…Applicant

V/s.

The State of Maharashtra & Anr.

...Respondents

Mr. Shailesh Kharat, for the Applicant. Mr. C. D. Mali, APP for the Respondent/State. Mr. Ashwet Bhoir, for the Respondent No.2

CORAM : N.R. BORKAR, J. DATE : 14.01.2025.

P.C. :

This is an application for regular bail.

The applicant came to be arrested in Crime No. 397 of 2023. registered at Mundhava Police Station, Dist-Pune for the offences punishable under Section 376, 376(2), 323, 506 of Indian Penal Code along with Sections 3(a), 4, 5(k)(1), 6, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

I have perused the statement of the victim dated 26.12.2023 recorded under Section 161 of the Cr.P.C.. The alleged relationship between the present applicant and the victim appears to be consensual.

The applicant is in jail for more than one year. The victim has filed an affidavit that she has no objection, if the Pramod S. Lakare

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20-BA-3956-2024.doc

applicant is released on bail. Be that as it may, considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in Crime No. 397 of 2023. registered at Mundhava Police Station, Dist-Pune for the offences punishable under Section 376, 376(2), 323, 506 of Indian Penal Code along with Sections 3(a), 4, 5(k) (1)6, 7 and 8 of Protection of Children from Sexual Offences Act, 2012. on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station twice in a month, i.e., on first and third Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.]

Pramod S. Lakare

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