BA-2954-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.2954 OF 2021

SMT.DULCY STANTON MARTIN

)...APPLICANT

V/s.

1) THE STATE OF MAHARASHTRA

)

)

2) VICTIM MASTER “X”

)...RESPONDENTS

Mr.Anand Patil, Advocate for the Applicant.

Smt.Anamika Malhotra, APP for the Respondent – State.

Mr.Prashant Jadhav, Advocate for Respondent No.2.

CORAM : V. G. BISHT, J.

RESERVED ON : 16^th NOVEMBER 2021

PRONOUNCED ON : 24^th NOVEMBER 2021

P.C. :

1

The present application has been moved by the

applicant under Section 439 of the Code of Criminal Procedure in

Crime No.25 of 2021 registered with Police Station Mahatma

Gandhi Chowk, Sangli, for offences punishable under Sections

AVK 1/8

BA-2954-2021.doc

323, 324 read with 34 of the Indian Penal Code (IPC), under

Sections 7, 8, 9(m), 10, 11(1)(2), 12 and17 of the Protection of

Children from Sexual Offences Act (POCSO Act) and under

Section 75 of Juvenile Justice (Care and Protection of Children)

Act.

2

The informant is minor victim. His natural mother

died on 3^rd November 2015. His father thereafter performed

second marriage with the present applicant. Thus, present

applicant is his step mother. Since the victim’

s father is serving at

Dubai, the victim used to reside along with his grandparents

along with the applicant.

3

The prosecution alleges that the applicant used to ask

the victim to call her as his mother and used to beat him on that

count and was also not allowing to talk with his grandparents. It

is further alleged that he was not given proper food and the

applicant used to allege that the victim was in habit of watching

obscene films on laptop and used to assault him from time to

AVK 2/8

BA-2954-2021.doc

time. One Shahrukh who used to provide non-vegeterian food

also used to say that whether he could take the victim inside the

room and it is alleged that he used to force himself on the person

of the victim after attempting to remove his clothes. It is further

alleged that the applicant once had even applied cello tape on

the private part of victim and also green chilly. On all these

counts, the informant lodged the report.

4

Mr.Anand Patil, learned counsel for the applicant,

submits that after reading of entire charge-sheet, provisions of

POCSO Act are hardly attracted as against the present applicant.

At the most, the case may be of harassment which is punishable

under Section 323 and 324 of the IPC and are bailable offences.

Investigation is over. There are no criminal antecedents against

the applicant. Since 25^th April 2021, the applicant is in custody.

There is no possibility of trial being concluded in the near future

and therefore, the applicant deserves to be released on bail.

AVK 3/8

BA-2954-2021.doc

5

Smt.Anamika Malhotra, learned APP, on the other

hand, opposed the submissions by contending that there are

statements of eye witnesses in respect of ill-treatment and there

are all the necessary ingredients of provisions of POCSO Act. The

learned APP also invited my attention to statements of witnesses

in order to substantiate her submissions and then argued that the

application being devoid of merits, is liable to be rejected.

6

Mr.Prashant Jadhav, learned counsel for respondent

no.2- victim, supports the submissions of the learned APP. He

has also invited my attention to statements of certain witnesses

and according to her, having regard to the nature of accusation,

the applicant does not deserve to be enlarged on bail.

7

Perused the First Information Report (FIR) and the

investigation papers. As far as harassment to the victim at the

hands of applicant