Kaushlesh Hemraj Mishra @ Lala v. State of Maharashtra and Anr.
Case brief
What is this about?
Regular bail granted under S.65(1) BNS 2023 and Ss.4, 8, 12 POCSO Act; Crime No. 87/2025, Kurar Village Police Station, Mumbai; prima facie doubt from uninvestigated phone-call allegation and grandmother's implausible conduct; reliability of solitary victim statement weighed against investigative inconsistencies; S.29 POCSO presumption invoked by respondent; one-year custody, no criminal history, no flight risk; P.R. bond Rs.15,000 with local surety; bail conditions include no contact with victim/witnesses, attendance at trial, exclusion from Kurar Village jurisdiction till trial ends, cancellation on breach; observations prima facie and non-binding at trial.
What did the court decide?
Applicant enlarged on regular bail on furnishing P.R. Bond of Rs.15,000/- with one local surety in the like amount, till satisfaction of the Trial Court, subject to conditions: (iii) not to contact the victim or any prosecution witness in any manner whatsoever; (iv) to attend all dates of hearing before the Trial Court unless presence is exempted by specific order; (v) not to enter the jurisdiction of Kurar Village Police Station, Mumbai, till conclusion of trial; (vi) any breach to result forthwith in cancellation of bail.