2024:BHC-AS:47538 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3099 OF 2024 Sagar Bharat Chavan …Applicant Versus The State of Maharashtra & Anr. …Respondents ____________________________________________________________

Mr. Santosh Musale for the Applicant.

Ms. Vilasini Balsubramaniam, for Respondent No.2.

Ms. P. P. Bhosale, APP for State.

A.P.I. Mr. Balvant Patil, Khandeshwar, Police Station, Navi Mumbai.

____________________________________________________________

CORAM: MADHAV J. JAMDAR, J.

DATED: 4^th DECEMBER 2024 P.C.:

1. Heard Mr. Musale, learned Counsel appearing for the Applicant, Ms. Bhosale, learned APP for the Respondent State and Ms. Balsubramaniam, learned Counsel appointed to represent the interest of the Respondent No.2.

2. This is Second Bail Application filed by the Applicant under Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C") in connection with C.R. No. 62 of 2023 registered with Khandeshwar Police Station, Navi Mumbai, for the offences punishable under Section 354-A of the Indian Penal Code, 1860 and under Sections 8, 10 & 12 of the Protection of Children From Sexual Offences Act, 2012 (“POCSO Act”).

3. By order dated 4^thApril 2024, first Bail Application filed by the Applicant being Criminal Bail Application No. 2739 of 2023 has been allowed to be withdrawn by this Court with liberty to file fresh Bail Application after a period of 1 year, if there is no substantial progress in the trial.

4. It is required to be noted that immediately the Applicant preferred another Bail Application before the learned Sessions Judge on 19^th April 2024 i.e. within a period of 15 days from passing of the order dated 4^th April 2024 giving liberty to the Applicant to file fresh Bail Application after a period of 1 year if there is no progress in the trial. The said Bail Application bearing Exhibit-8 in Special Case (POCSO) No. 87 of 2023 was dismissed by the learned District & Sessions Judge, Navi Mumbai-Raigad by order dated 6^th May 2024. Thereafter immediately present Bail Application is filed on 29^th July

2024.

5. Thus, it is clear that inspite of withdrawal of the first Bail Application wherein liberty has been granted to move the fresh Bail Application after a period of 1 year, the Applicant has filed fresh Bail Application before the learned Trial Court within a period of 15 days. Thus, on this ground alone the Bail Application of the Applicant deserves to be dismissed.

6. As far as mertis are concerned the learned District & Sessions Judge in said order dated 6^th May 2024 in paragraph No. 2 has set out the prosecution case. The said paragraph No.2 reads as under:-

"2. Brief facts of prosecution case is as under:-

Informant Jagdevappa Guranna Biradar lodged report with the police alleging that, on 06/03/2023, his daughter/victim returned back from school as usual, at about 06.00 p.m., she was crying and told that she will not go to the school in a van. This fact was stated by the victim to her mother Tripali who informed this to informant on phone and accordingly, he returned back home at about 10.00 p.m. When he returned home, victim again came crying to him and narrated to him that she will not go to school. He asked the reason why she is talking like this. Victim narrated that school van in which she is going every day, she will not go further in that van and was crying in raised voice. Therefore, informant called the driver of the van on phone by name Sagar Chavhan. He told the driver why victim is crying and refusing to travel in your van. But he did not reply anything and cut the call of the informant. On 07/03/2023, there was holiday to the school and the victim was in the house. Informant went to his workplace and returned at 09.00 p.m. He found victim was very much silently sitting in the house. He took her in confidence and asked her why she is not ready to go in the van. She narrated that “Ldqy OgWups vady ¼lkxj pOgk.k½ ;kauh eh ’kkGsr tkrkuk eyk Ldqy OgWue/;s