Bombay High Court
Avinash Gopichand Chavan vs State Of Maharashtra And Anr on 26 September, 2023
Author: M. S. Karnik
Bench: M. S. Karnik
2023:BHC-AS:28268
Diksha Rane 10 BA 1458-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1458/2023
AVINASH GOPICHAND CHAVAN ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
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Adv. Shailesh Kharat for the applicant.
Ms. Rutuja Ambekar, APP for the State.
Adv. Trupti Khamkar for the respondent no.2.
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CORAM : M. S. KARNIK, J.
DATE : SEPTEMBER 26, 2023.
P.C. :
1. Heard learned counsel for the applicant, learned APP
for the State and learned counsel for the respondent no.2.
2. This is an application for bail in respect of the offence
punishable under Sections 363, 376, 376(2)(n) of the Indian
Penal Code (hereafter 'IPC' for short) read with Section 4, 8
and 12 Protection of Children from Sexual Offences Act,
2012 (hereafter 'the POCSO Act' for short) registered on
28/11/2021 vide C.R. No.645/2021 with Dehu Road Police
Station, Pune.
3. The victim at the relevant time when she left the
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house on 27/11/2021 along with the applicant was 15 years
old. The applicant is 22 years of age. The victim left the
house without informing anyone. The First Information
Report (FIR) came to be registered on 28/11/2021 by the
mother of the victim. Almost a year later on 10/11/2022, the
police traced the victim. In the statement of the victim
recorded under Section 164 of the Code of Criminal
Procedure, the victim has stated that she had gone with the
applicant on her own freewill. It is further stated by the
victim that she does not have any grievance against the
applicant. However, it is stated that presently she wants to
reside with her parents. The victim further stated that
during the period she was staying with the applicant, the
applicant was assaulting her. The victim suffered a
miscarriage.
4. Learned APP and learned counsel for the respondent
no.2 opposed the application for bail. It is further stated that
looking at the conduct of the applicant, the victim does not
feel safe by his presence.
5. Learned counsel for the applicant submitted that the
applicant and the victim as a result of the love affair
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decided to marry and in fact stayed together for one year. It
is further submitted that the romantic relationship between
the couple should not be criminalized.
6. The applicant was arrested on 9/11/2022. The
applicant is 22 years of age. Looking at the age of the
victim, the consent of the victim is immaterial as the
provisions of the POCSO Act are invoked. In the facts and
circumstances of the case, I am inclined to enlarge the
applicant on bail as further custody of the applicant will only
be by way of pre-trial punishment. The applicant will
undoubtedly face the consequences post trial if the charges
against him are proved. It is, however, necessary to
safeguard the interest of the complainant and the victim
considering the apprehension expressed.
7. The applicant is in custody for more than ten months
with no possibility of the trial concluding any time soon. The
investigation is complete. The charge-sheet has been filed.
There are no criminal antecedents reported against the
applicant. In my opinion, the applicant does not appear to
be a flight risk. Hence, the following order :-
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ORDER
(a) The application is allowed. (b) The applicant- Avinash Gopichand Chavan in
connection with C.R. No.645/2021 with Dehu Road Police Station, Pune, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
(c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.
(d) The applicant shall attend the Investigating Officer of Chaturshringi police station, Pune, once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.
(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.
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(g) Except for attending the trial and for the purpose of
reporting to the Investigating Officer, the applicant shall not enter the Maval Taluka and Pimpri-Chinchwad area, after being released on bail, till the trial concludes.
(h) The applicant shall attend the trial regularly.
8. The application is disposed of.
9. I express my gratitude for the able assistance rendered by the advocate- Ms. Trupti Khamkar representing the respondent no.2. The Legal Services Authorities may pay her the fees as prescribed.
(M. S. KARNIK, J.) 5/5 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 26/09/2023 19:58:18