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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 ANTICIPATORY BAIL APPLICATION NO.1219 OF 2018
SURYAKANT TUKARAM THAKUR,
age 40 yrs., occu.service,
r/o Yashodai, Sant Rohidas Society,
Bhadgaon Road, Bmbehol (N) Longe,
Chalisgaon Tq.Chalisgaon Dist.Jalgaon.
VERSUS
THE STATE OF MAHARASHTRA,
through Police Inspector,
Police Station, Chalisgaon (Gramin),
Tq.Chalisgaon Dist.Jalgaon.
…
Advocate for Applicant : Shri Salunke V.D.
APP for Respondent: Shri D.R. Kale
CORAM: V.L. ACHLIYA, J.
DATE: 24.11.2018
PER COURT :
1] The applicant apprehending arrest in connection
with offence registered u/s 354-A and 509 of the Indian
Penal Code and u/s 11(3) and 12 of The Protection of
Children from Sexual Offences Act , 2012 (in short POCSO
Act) vide Crime No.232/2018 registered with Chalisgaon
(Gramin) Police Station Dist.Jalgaon, has preferred this
application for anticipatory bail.
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2] Heard learned counsel for the applicant and the
learned APP for the State. Perused the papers of
investigation.
3] In brief, it is the contention of the learned
counsel for the applicant that the applicant is falsely
implicated in the case at the instance of father of the
prosecutrix on account of political rivalry. It is
submitted that the applicant is an elected member of the
Municipal Council and Chairman of Education Committee of
Municipal Council, Chalisgaon. He belongs to Nationalist
Congress Party whereas uncle of the prosecutrix is an
active member of Bhartiya Janata Party. The education
school is run by Sant Rohidas Society, the management of
which is controlled by persons belonging to Bhartiya
Janata Party. They pressurized to take action against
the applicant. The applicant and few other persons had
filed writ petition before this Court as against the
Municipal Council and its officials and thereby exposed
the mal-practices and illegalities in the tender floated
by Municipal Council. Due to said reason, false
complaint came to be lodged against the applicant through
the prosecutrix leading to registration of aforesaid
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offence. It is submitted that as per the First
Information Report lodged on 22.10.2018, alleged act
amounting to offence u/s 354-A of the IPC and u/s 11(3)
r/w Section 12 of the POSCO Act alleged to have taken
place on 5.9.2018 and 24.9.2018. The complaint in
respect of said incidents came to be lodged after the
period of more than one month. It is submitted that no
explanation has been put forth as to delay in lodging the
complaint. It is submitted that the applicant is a
reputed person and serving as a Teacher. His wife is
also a Teacher. He is an elected member of the Municipal
Council and holding the post of Chairman of Education
Committee. Prior to this incident, there is no track
record of involvement into commission of criminal
offences. It is submitted that in case the applicant is
arrested, there is every likelihood that the applicant
may be arrested and humiliated and defamed for no offence
committed on his part.
4] On the other hand, the learned APP opposed the
application. By referring the First Information Report
lodged by the complainant i.e. the minor girl, aged 15
years, the learned APP submits that the allegations made
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in the complaint are serious and make out strong case
against the applicant. It is submitted that by indulging
into such act, the applicant has brought disrepute to
noble profession of teacher. It is submitted that the
complainant belongs to a reputed family. It is submitted
that there is no force in the submission of the learned
counsel for the applicant that the prosecutrix was used
as a tool to falsely implicate the applicant in the
commission of the offence. It is pointed out that the
first incident had occurred on 5.9.2018, which was
teachers day. When the complainant and her friend were
passing in front of staff room, the applicant came close
to them and made comment and said that both of them were
looking beautiful and also winked at them. Being a
student, the complainant and her friend avoided to make a
complaint. However, on 24.9.2018, when she was
proceeding towards ground, the applicant asked her to
come to him. When she did not go to him, the applicant
sent message through Naresh Jawre. He gave message to
her that the applicant has called her. When she went to
meet the applicant and enquired as to why she was called,
he told her to wait and then took out the mobile and
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forced her to watch obscene video and further asked her
comments as to how she felt after watching that video.
He further told her that they will do the same act as
shown in the video. The complainant got annoyed. She
abused him and asked him whether he has no mother and
sister and why married to his wife and then left the
place. It is pointed out that as the complainant was got
scared due to totally unexpected act from the applicant,
she has not disclosed same to any one. Lateron she
disclosed about the incident to one of the teachers in
the school, who in turn took her to the Head Master of
the school. She was persuaded not to disclose about the
incident as it would bring disrepute to their school.
They assured her that they would take action against the
applicant. Due to said reason and the complaint being
scared, she could not disclose the incident to any one.
However, the complainant could not forget the trauma she
has undergone due to the incident, which she never
expected from her teacher. She, therefore, disclosed
about the incident to her cousin, who in turn disclosed
the same to her father, uncle and other members of the
family. In this background, the learned APP submits that
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the delay in lodging the complaint was not deliberate.
The learned APP submits that there is prima facie case to
connect the applicant with the offence registered against
him. By referring the statement of witnesses, the
learned APP submits that the version of the incident
given by the complainant in the complaint has been duly
corroborated by her colleague, who was present with her
on 24.9.2018 as well as the person through whom the
message was sent and the complainant was called by the
applicant on 24.9.2018. It is further submitted that the
incident has created serious outburst amongst the people.
People had staged agitations for taking action against
the applicant. It is further submitted that the act
committed by the applicant is not the sole instance. In
past, the applicant has committed similar act. In
support of this, the learned APP has referred and relied
upon the cutting of news published in newspaper on
7.8.2014 against the applicant.
5] I have carefully perused the First Information
Report and statement of witnesses recorded during the
course of investigation. In my view, the material
gathered by the prosecution is sufficient enough to
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connect the applicant with the offences registered
against him. I am not inclined to accept the contention
of the learned counsel for the applicant that at the
behest of father of the prosecutrix, false complaint came
to be lodged through the prosecutrix. There are no such
strong circumstances to accept the contention that the
applicant is falsely implicated in the case on account of
political animosity. It is difficult to believe that the
father of the complainant had lodged false complaint
against the applicant on account of political animosity
by putting the chastity of his daughter, who is aged 15
years at stake when the girl has her education career and
to build bright future. There is no reason for a minor
girl, aged 15 years and studying in 10th Standard to make
such serious allegations against the applicant. Delay in
lodging the complaint cannot be a reason to doubt the
veracity of allegations made against the applicant. In
such type of offences, the victims generally do not come
forward to immediately report the incident putting their
chastity at stake. It is pointed out by the learned APP
that in past, the applicant has indulged into similar act
and news was published in the newspaper. Therefore,
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considering the overall nature of the offence,
seriousness of the allegations, I am not inclined to
exercise jurisdiction u/s 438 of the Cr.P.C. to grant
anticipatory bail to the applicant. Accordingly, the
application is rejected.
6] It is clarified that the observations as made
above are made for the limited purpose of deciding the
present application. None of the observations made as
above shall be treated as observations made by this Court
as to merits of the case.
(V.L. ACHLIYA, J.)
ndk/cr2411183.doc
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