Tarachand Angad Tithe vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

Tarachand Angad Tithe vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail in connection with Crime No.274 of 2020 (Chiplun Police Station, District : Ratnagiri) on executing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions that the applicant shall not tamper with the prosecution evidence and shall not commit any other crime.

Issue for consideration

Whether the applicant (Accused No.6 in Crime No.274 of 2020) should be released on regular bail. +1 more

Court's answer

The Court was inclined to release the applicant on bail, considering that it had recently released one of the co-accused (order dated 21.01.2025 in Criminal Bail Application No.3319 of 2024), that the applicant had been in jail for four and half years, and that there were no criminal antecedents against him.

Ratio / Principle

Parity with co-accused already released was accepted as a relevant ground for bail; counsel had relied on the order dated 12.06.2024 in Criminal Bail Application No.1192 of 2022 releasing co-accused Avinash Dattaram Shibe, and the Court itself had released a co-accused on 21.01.2025.

Key takeaways

The applicant was directed to be released on bail in connection with Crime No.274 of 2020 on executing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.ratio¶33

Detailed headnote1 paragraphs

Regular bail granted (N. R. Borkar, J.). Applicant, Accused No.6 in Crime No.274 of 2020 (Chiplun Police Station, Ratnagiri), charged under Ss.376(2)(n), 366(A) and 370(4) IPC, Ss.4, 8 and 12 POCSO Act and Ss.3, 4, 5 and 7 PITA, was alleged to have committed forcible sexual intercourse with the victim at a hotel; the victim and her cousin sister had been called from Kolkata to Chiplun during the 2020 Covid lockdown on the pretext of a papermill job, and the victim was thereafter forced into prostitution. Bail allowed on parity with co-accused (released by orders dated 12.06.2024 in Bail Appln. No.1192 of 2022 and 21.01.2025 in Bail Appln. No.3319 of 2024), four-and-a-half years' incarceration and absence of criminal antecedents, though the trial had commenced; P.R. Bond Rs.25,000/- with one or two sureties in the like amount; conditions not to tamper with prosecution evidence and not to commit any other crime.

922-BA-5045-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 5045 OF 2024

Tarachand Angad Tithe ...Applicant Versus The State of Maharashtra & Anr. ...Respondents

Mr. Zakir Hussain, Appointed Advocate for the Applicant. Mr. Swapnil Walve, A.P.P. for the Respondent – State.

CORAM : N. R. BORKAR, J. DATE : 25^th APRIL, 2025.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.274 of

2020 registered at Chiplun Police Station, District : Ratnagiri, for the offences punishable under Sections 376(2)(n), 366(A) and 370(4) of the Indian Penal Court (for short ‘IPC’) Sections 4, 8 and 12 of the Protection of the Children from Sexual Offence Act (for short ‘POCSO Act’) and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short ‘PITA’).

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922-BA-5045-2024.doc

The applicant is Accused No.6 in the aforesaid crime.

Accused No.1 Wasim was the friend of victim’s cousin

sister. During the Covid lockdown in 2020, Accused No.1 had called the victim and her cousin sister to Chiplun from Kolkata on the pretext of giving them a job at the papermill.

It is alleged that on 15.10.2020, the victim was alone at home as her sister had gone out for work. At that time, Accused No.1 forcibly committed sexual intercourse with the victim and threatened to kill her sister if she disclosed the

incident to anyone. It is alleged that, thereafter, from 22.10.2020 onwards, Accused No.1 forcibly took the victim to various hotels and forced her into prostitution activities with numerous people. The allegations against the applicant are that he too committed forcible sexual intercourse with the victim at one of the hotels.

The bail is sought on the ground of parity. The learned counsel for the applicant in support of the said ground has placed on record the order passed by this Court dated 12.06.2024 in Criminal Bail Application No.1192 of 2022. By

the said order, this Court has released the co-accused Avinash

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922-BA-5045-2024.doc

Dattaram Shibe on bail. The learned counsel for the applicant submits that even otherwise, the applicant is in jail for four and half years and there are no other criminal antecedents against the applicant.

On the other hand, the learned A.P.P. for the Respondent-State submits that the trial has already commenced. It is submitted that at this stage, the present application may not be entertained.

This Court has recently by order dated 21.01.2025 in Criminal Bail Application No.3319 of 2024 has released one of the co-accused. Even otherwise the applicant is in jail for four and half years and there are no criminal antecedents against him. Considering the said facts, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.274 of 2020 registered at Chiplun Police Station, District : Ratnagiri, for the offences punishable under Sections 376(2)(n), 366(A) and 370(4) of the Indian Penal Court (for short ‘IPC’)

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922-BA-5045-2024.doc

Sections 4, 8 and 12 of the Protection of the Children from Sexual Offence Act (for short ‘POCSO Act’) and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act (for short ‘PITA’) on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not tamper with the prosecution evidence;

(iv) The applicant shall not commit any other crime;

(v) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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