IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1579 OF 2018
Hari Tuljaram Rampure … Applicant
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.
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
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
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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