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Suryakant Tukaram Thakur vs The State Of Maharashtra on 24 November, 2018

ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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ABA 1219/18

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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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