Adesh Vasant Ulvekar vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Adesh Vasant Ulvekar vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted in C.R. No.149 of 2024, Kalamboli Police Station, Navi Mumbai, on furnishing P.R. bond of Rs.25,000 with one or two sureties in the like amount, subject to deposit of Rs.5,00,000 in fixed deposit receipt in the name of the victim for three years (withdrawable by the victim thereafter); application listed for compliance on 02.05.2025.

Issue for consideration

Whether the applicant should be released on regular bail in connection with Crime No.149 of 2024 of Kalamboli Police Station (offences under ss.376, 376(2)(N), 354, 354-A, 500, 506 IPC; ss.4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 POCSO Act; s.66(E) IT Act).

Court's answer

Considering the overall facts and circumstances of the case, the Court was inclined to release the applicant on bail, subject to certain conditions.

Ratio / Principle

Application allowed; applicant to be released on bail in C.R. No.149 of 2024 on furnishing a P.R. bond of Rs.25,000 with one or two sureties in the like amount, subject to deposit of Rs.5,00,000 in a fixed deposit receipt in the name of the victim for three years.

Key takeaways

The victim would be entitled to withdraw the deposited amount after the period of three years is over.ratio¶32

Detailed headnote1 paragraphs

Bail - Regular bail - Applicant arrested in C.R. No.149 of 2024, Kalamboli Police Station, Navi Mumbai, for offences punishable under ss.376, 376(2)(N), 354, 354-A, 500 and 506 IPC, ss.4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 of the POCSO Act and s.66(E) of the IT Act; prosecution case of repeated forcible sexual intercourse with the victim - Victim, now major, tendered affidavit through counsel stating no objection to the applicant's release; victim present in Court, reported by the APP as wishing to forget her past and pursue further studies - Held, considering the overall facts and circumstances, application allowed: applicant released on P.R. bond of Rs.25,000 with one or two sureties in the like amount, subject to deposit of Rs.5,00,000 in a fixed deposit receipt in the victim's name for three years, withdrawable by the victim on expiry of that period - Compliance listed on 02.05.2025 (N.R. Borkar, J.).

Digitally signed by DINESH DINESH SADANAND SADANAND SHERLA SHERLA Date: 2025.04.22 19:45:45 +0530

909-ba-480-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 480 OF 2025

Adesh V. Ulvekar

…Applicant

V/s.

State of Maharashtra & Anr.

...Respondents.

Adv. Ganesh Gupta a/w. Adv. Jagrut Patil, Adv. Sahil Ghorpade, Adv. Madan Khansole and Adv. Surya P. Gutpa i/b G.G. Legal Associates for the Applicant.

Mrs. Gauri S. Rao, APP for the Respondent/State.

Ms Roshni Naaz (through VC) a/w. Ms Priyanka Rathod for Respondent No.2.

API Vijay Kamble, Kalamboli Police Station present.

CORAM : N.R. BORKAR, J. DATE : 22.04.2025.

P.C. :

This is an application for regular bail.

The applicant came to be arrested in Crime No.149 of 2024 registered at Kalamboli Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 354, 354-A, 500 and 506 of the Indian Penal Code, Sections 4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 of the Protection of Children from Sexual Offences Act and 66(E) of the Information Technology Act.

It is the case of the prosecution that the present applicant had repeatedly committed forcible sexual intercourse with the victim.

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Dinesh S. Sherla

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I have heard the learned counsel for the applicant, the learned APP for the respondent – State and the learned counsel for respondent No.2/victim.

The learned counsel for respondent No.2/victim has tendered the affidavit of victim, who is now major. The learned counsel for respondent No.2/victim submits that the victim has no objection if the applicant is released on bail.

The victim is present in the Court. Learned APP has interacted with the victim. Learned APP submits that the victim wants to forget her past and wants to pursue her further studies.

Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail, subject to certain conditions. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 149 of 2024 registered at Kalamboli Police Station, Navi Mumbai for the offences punishable under Sections 376, 376(2)(N), 354, 354-A, 500 and 506 of the Indian Penal Code, Sections 4, 5(L), 5(P), 6, 8, 9(L), 9(P) & 12 of the Protection of Children from Sexual Offences Act and 66(E) of the Information Technology Act on furnishing P.R Bond in the

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Dinesh S. Sherla

909-ba-480-25.odt

sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount, subject to deposit of Rs.5,00,000/- (Rupees Five Lakhs) in the fixed deposit receipt in the name of victim for a period of three years.

D] The victim would be entitled to withdraw the said amount after the period of three years is over.

E] List the application for compliance on 02.05.2025.

[N.R.BORKAR, J.]

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Dinesh S. Sherla