Bail is the rule and jail is the exception; the court emphasized the presumption of innocence and the need for a balanced approach in serious offences against minors.

JUDGMENT :

[MILIND N. JADHAV, J.]

1. Heard Mr. Jadhav, learned Advocate for Applicant in Bail Application No.1490 of 2024; Mr. Shaikh, learned Advocate for Applicant in Bail Application No.1408 of 2024; Mr. Thekkara, learned Advocate for Applicant in Bail Application No.2018 of 2024; Mr. Haldankar, learned APP for Respondent – State in Bail Application No.1490 of 2024 and Bail Application No. 1408 of 2024; Mr. Kulkarni, learned APP for Respondent – State in Bail Application No.2018 of 2024; Ms. Lodha, learned Advocate for Respondent No.2 in Bail Application No.1490 of 2024 and Bail Application No. 1408 of 2024 and Mr. Patil, learned Advocate for Respondent No.2 in Bail Application No.2018 of 2024.

2. All three Bail Applications are decided by this common order since First Informant is common in all three Applications as also period of occurrence of the alleged offences in all three Applications is overlapping each other and most importantly indictment of all three Applicants before me is under identical Sections of the Indian Penal Code, 1860 read with the Protection of Children from Sexual Offences Act, 2012.

BAIL APPLICATION NO. 1490 OF 2024

3. Bail Application No.1490 of 2024 is filed by Applicant – Dhammapal @ Dhamma Kailas More who is arraigned as Accused in FIR No.449 of 2023 dated 12.07.2023 registered with Parksite Police Station for offences under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860 read with Sections 4(2), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012. Applicant herein is incarcerated since 12.07.2023.

4. In this Application, statement of First Informant is appended at page No.30 of the Application. Briefly stated, First Informant who was aged 15 years at the time of registration of the FIR has stated that she was acquainted with the Applicant for past 10 years as he used to help her family members and since past two years i.e. since 2021, Applicant who is a auto-rickshaw driver induced and threatened her to accompany him to several locations and outraged her modesty by establishing physical relationship repeatedly without her consent. Details of visit to various places where she accompanied the Accused are stated.

5. Mr. Jadhav, learned Advocate for Applicant would submit that Applicant has been falsely indicted in the case and he would draw my attention to the history narrated by Applicant at the time of his medical examination on 17.07.2023 which is at page No.117 of the Application and would submit that Applicant was not on good terms with First Informant’s relatives as her uncle was arrested in May 2023 for a crime under the provisions of the Maharashtra Control of Organized Crimes Act, 1999 to which present Applicant is an eye- witness and hence the delay in filing of the FIR after a period of two years creates a shadow of doubt on the veracity of the case of the First Informant. He would submit that there is no cogent reason stated by the First Informant for remaining silent for almost 2 years prior to lodging the FIR when she herself has voluntarily accompanied the Applicant to several places and has had physical relationship.

BAIL APPLICATION NO. 1408 OF 2024

6. Bail Application No.1408 of 2024 is filed by Applicant Mohd. Firoj Hasim Shaikh who is arraigned as Accused in FIR No.460 of 2023 dated 17.07.2023 registered with Parksite Police Station for offences under Sections 354-A, 376(2)(n) and 506 of the Indian Penal Code, 1860 read with Sections 4(2), 5(l), 6 and 12 of the Protection of Children from Sexual Offences Act, 2012. Applicant herein is incarcerated since 17.07.2023.

7. In this Application, the statement of First Informant is at page No.29 of the Application. Briefly stated, First Informant who was aged 15 years at the time of registration of the FIR has vividly described the Applicant in her statement since he is a Tailor by profession who would stitch and alter her and her family member’s clothes. First Informant has stated that sometime in June 2023, on one