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Hari Tuljaram Rampure vs The State Of Maharashtra on 19 October, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1579 OF 2018

Hari Tuljaram Rampure … Applicant
Vs.
State of Maharashtra … Respondent

Mr. Milan Desai I/by. Mr. T.R.Patil for the applicant.
Ms. A.A. Takalkar, APP for the Respondent-State.

CORAM : PRAKASH D. NAIK, J.
DATE : 19th OCTOBER, 2018.

P.C.

1. This is an application for bail in connection with C.R. No.

368 of 2017 registered with Kurar Police Station. The offences

were registered under Section 354 of Indian Penal Code read with

Section 8 10 of POCSO Act.

2. The prosecution case is that the victim and the applicant are

residents of the same area. On 26 th September, 2017 at about 8.00

p.m. the prosecutrix was playing hide and seek with her friends

and at that time she was hiding near the gate of building.

Applicant had allegedly caught hold and pulled her. Applicant

groped her forcefully. The victim started crying and on enquiry the

victim narrated incidents to her mother. She was taken to the

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doctor for medical treatment. The First Information Report was

lodged on 27th September, 2017 and thereafter immediately the

applicant was arrested on the same day.

3. Learned counsel for the applicant submitted that applicant is

in custody from the date of arrest. Primarily the offence under

Section 354 of Indian Penal Code and there is no other allegation

of sexual assault against the applicant. The investigation is

completed and chargesheet has been filed. The statement of

victim was recorded under Section 161 as well as Section 164 of

Code of Criminal Procedure. In her statement under Section 161

of Code of Criminal Procedure she has stated that in the evening

time she played hide and seek with her friends, at that time the

accused had allegedly came from behind and caught her and

tickled her and thereafter pulled her closely and groped her

forcibly, whereas statement under Section 164 of Code of Criminal

Procedure she has stated to the effect that on the fateful day in the

night she attended Aarti of Goddess which was brought in pandal

in their society and thereafter she was playing hide and seek with

her friend Sandhya, at that time while she was hiding between the

small space of the table where the watchman sits and the wall,

accused had allegedly walked passed her and thereafter applicant

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returned and held her from front and committed alleged act. On

seeing her friend Sandhya coming to the place of incident, the

accused left the scene of offence. It is submitted that alleged

incident had occurred immediately after the Arti in the pendal of

Goddess as the Navrati festival was in progress and it is difficult to

accept the prosecution case since there will be several persons at

the place of incident. Except prosecutrix and her friend, the

incident is not witnesses by any other person. The statement of

the watchman on duty is not recorded and there is nothing in the

chargesheet to suggest that the watchman was absent. It is

submitted that the said statement would be significant as it is the

case of the victim that incident had occurred at the place where

the watchman sits. There is variation in the time of occurrence of

the incident in the statement under Section 161 and Section 164

of Code of Criminal Procedure. It is further submitted that it is the

case of the victim that at about 8 p.m. her friend Tanvi and

Bhoomi came to her house and called her for playing whereas

statement under Section 164 of Code of Criminal Procedure victim

has stated that she was playing with her friend Sandhya. It is

further submitted that Investigating Officer has not recorded the

statement of friend of the victim referred to by her and except that

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they recorded the statement of one Tanishka Sanap who stated

that she was playing with victim hide and seek and at that time

she saw that applicant had allegedly caught the victim and on her

going near them, he let her go. It is submitted that there is

contradiction in the statement of victim and other witnesses. It is

submitted that applicant is in custody for a period of one year.

There are no criminal antecedents against the applicant. It is

submitted that on the aforesaid circumstances, bail may be granted

to the applicant.

4. Learned APP submitted that there is sufficient evidence to

show the involvement of the applicant in the crime. The victim

has attributed the specific overt act to the applicant in her

statement under Section 161 and Section 164 of Code of Criminal

procedure. There is no reason to falsely implicate the applicant in

the said crime. The applicant and the victim are residing in the

same building. Trial would proceed shortly after framing of

charge.

5. It is noted that applicant was arrested on 27th September,

2017 and he is in custody for a period of one year. Learned

counsel for the applicant had pointed out the several

contradictions in the statement of the victim. This is not the stage

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to evaluate the entire evidence as the trial is pending. However,

taking into consideration the charge levelled against the applicant,

the period of detention, the punishment provided by law, the

circumstance put-forth by the learned counsel for the applicant

and the fact that the investigation is completed and chargesheet

has been filed, the applicant can be granted bail on certain

conditions.

ORDER

i. Criminal Bail Application is allowed.
ii. Applicant is directed to be released on bail in connection
C.R. No. 368 of 2017 registered with Kurar Police Station on
furnishing P.R. Bond in the sum of Rs.25,000/- with one or more
sureties in the like amount;

iii. Applicant shall report to the Investigating Officer of the
concerned Police Station once in a month on first Saturday of the
month between 10 a.m. to 12.00 noon, till further order;
iv. Applicant shall not tamper with the evidence;
v. Applicant shall not reside in the building where the victim
and her family member is residing till the conclusion of the trial.
vi. Applicant shall attend the trial Court during the course of
hearing of the case regularly, unless exempted by the Court.
vii. Criminal Bail Application stands disposed off.

( PRAKASH D. NAIK, J. )

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