Santosh Dattetrey Nazirkar vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

Santosh Dattetrey Nazirkar vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant to be released on bail in connection with Crime No.783 of 2023 (Bharti Vidyapeeth Police Station, Pune City) on executing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, on condition that he shall not contact the victim; application disposed of accordingly.

Issue for consideration

Whether the applicant, arrested in Crime No.783 of 2023 (Bharti Vidyapeeth Police Station, Pune) for offences under Sections 376(2)(J), 506 IPC and Sections 3, 4, 5(n) POCSO, should be released on regular bail.

Court's answer

On perusal of the victim's statement, prima facie the alleged act appears to be consensual; the applicant has been in jail for two years; considering the overall facts and circumstances, the Court was inclined to release the applicant on bail.

Ratio / Principle

Despite the earlier direction to record the victim's evidence expeditiously, the victim is avoiding to appear before the Trial Court, which weighed in favour of releasing the applicant on bail.

Detailed headnote1 paragraphs

Bombay High Court (N. R. Borkar, J.) allowed a regular bail application in Crime No.783 of 2023, Bharti Vidyapeeth Police Station, Pune City, arising from an incident of 23.11.2022 in which the applicant, a friend of the victim, allegedly took her to a hotel and committed forcible sexual intercourse; charges were under Sections 376(2)(J) and 506 IPC and Sections 3, 4 and 5(n) POCSO. An earlier order dated 4th November 2023 in Bail Application No.1003 of 2023 had directed the trial Court to record the victim's evidence expeditiously, preferably within three months, with liberty to file a fresh bail application thereafter; the record showed the victim avoiding appearance before the Trial Court. Perusing the victim's statement, the Court found the alleged act prima facie consensual, noted the applicant had already been in jail for two years, and considering the overall facts and circumstances released him on bail on a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount, subject to the condition that he shall not contact the victim.

2-BA-568-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 568 OF 2024

Santosh Dattetrey Nazirkar ...Applicant Versus 1. The State of Maharashtra 2. XYZ ...Respondents

Mr. Nitin Gaware Patil a/w Mr. Shantanu Kolhe, Advocate for the Applicant.

Mr. C. D. Mali, A.P.P. for the Respondent No.1 – State.

Mr. Mahesh Subhash A., Advocate for the Respondent No.2.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.783 of

2023 registered at Bharti Vidyapeeth Police Station, Pune City, for the offences punishable under Sections 376 (2) (J), 506 of the Indian Penal Code (IPC) and under Sections 3,

4, 5(n) of Protection of Children from Sexual Offences Act (POCSO).

1 of 3

Zeenat Pathan

2-BA-568-2024.doc

According to the prosecution, the victim and the applicant were friends. It is alleged that on the date of incident which took place on 23.11.2022, the present applicant took her to one hotel and there committed forcible sexual intercourse with her.

The learned counsel for the applicant has drawn my attention to the order passed by this Court dated 4^th November 2023 in Bail Application No.1003 of 2023. By the said order, this Court directed the trial Court to record the evidence of the victim expeditiously and preferably within a period of three months. This court granted liberty to the applicant to file fresh bail application after three months or after the evidence of the victim is recorded, whichever is earlier. It appears from the documents produced on record that the victim is avoiding to appear before the Trial Court.

I have perused the statement of the victim. Prima facie, the alleged act appears to be consensual. The applicant is in jail for two years. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.

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Zeenat Pathan

2-BA-568-2024.doc

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.783 of 2023 registered at Bharti Vidyapeeth Police Station, Pune city, for the offences punishable under Sections 376(2)(J), 506 of the IPC and under Sections 3, 4, 5(n) of the POCSO Act 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 contact the victim.

(iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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Zeenat Pathan