BA-3097-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.3097 OF 2021

DATTATRAY SURESH SANAS

)...APPLICANT

V/s.

THE STATE OF MAHARASHTRA & ANR.

)...RESPONDENTS

Mr.Harshwardhan Akolkar, Advocate for the Applicant.

Mr.H.J.Dedhia, APP for the Respondent – State.

Mr.Shraddha Sawant, Appointed Advocate for the Respondent

No.2.

CORAM : V. G. BISHT, J.

RESERVED ON : 22^nd DECEMBER 2021

PRONOUNCED ON : 31^st JANUARY 2022

P.C. :

1

The present application has been moved by the

applicant under Section 439 of the Code of Criminal Procedure in

Crime No.06 of 2019 registered with Police Station Velha, for

offences punishable under Section 376(D), 452, 504, 506, 354,

AVK 1/8

ARTI

VILAS

KHATATE

Digitally

signed by

ARTI

VILAS

KHATATE

Date:

2022.02.03

12:10:17

+0530

BA-3097-2021.doc

450 and 34 of the Indian Penal Code (IPC) and under Sections 3,

4, 6, 8 and 12 of the Protection of Children from Sexual Offences

Act, 2012 (POCSO Act).

2

It is the case of prosecution that on 20^th November

2018 while the prosecutrix was alone in her house, applicant and

other co-accused Ananta Dhondiba Karanjkar entered into her

house and told her that they are required to go outside but she

refused and rather threatened that she would complain to her

parents. The applicant and co-accused then went away.

3

It is further case of prosecution that on 24^th

November 2018, at about 3 p.m., while the prosecutrix had taken

her animals for grazing, the applicant and said co-accused were

also there. Both of them molested her and when she raised

commotion, they went away. On 18^th December 2018 when the

prosecutrix’s parents had been to field, the applicant and the said

co-accused visited her house and forcibly ravished her and also

threatened.

AVK 2/8

BA-3097-2021.doc

4

According to prosecution before the incident dated

18^th December 2018, one Deepak Gole (accused) who is known

to prosecutrix had also molested her.

On 1^st January 2019 when the prosecutrix had been

to house of her paternal aunt, there also she was molested by her

paternal aunt’s son.

On 3^rd January 2019 when the prosecutrix was at the

residence of her paternal aunt, one Vikas Pilane took her to a

hotel and molested her.

5

According to prosecution on 5^th January 2019 she was

dropped at Katraj by her paternal aunt and as the prosecutrix

was frightened, she went to her maternal uncle, namely, Kadu

Pilavare. The prosecutrix’

s maternal uncle then summoned the

parents of prosecutrix on 19^th January 2019 and narrated the

whole incident. The prosecutrix, accordingly, lodged First

Information Report (FIR ) against all the abovenamed boys on

24^th January 2019.

AVK 3/8

BA-3097-2021.doc

6

Mr.Harshwardhan Akolkar, learned counsel for the

applicant, has assailed the prosecution case on two counts. Firstly,

there is huge delay in lodging the FIR. Second, the maternal uncle

of prosecutrix, namely, Kadu Pilavare, in whom, according to

prosecution, the prosecutrix had confided and narrated her sexual

sufferings, nowhere supports the case of the prosecution.

Investigation is over and there are no criminal antecedents. Hence,

no purpose would be served by keeping the applicant behind the

bars.

7

Mr.H.J.Dedhia, learned APP, on the other hand, opposed

the submissions by contending that the prosecutrix is minor and then

invited my attention to the Medico Legal Examination Report and

submitted that there being no merit in the application, the same is

liable to be rejected.

8

Ms.Shraddha Sawant, learned counsel for respondent

no.2-prosecutrix supported the submissions of learned APP and

submitted that having