Bombay High Court
Anup S/O Dasaram Pardhi vs State Of Mah. Thr. Pso Aroli Dist.Nagpur on 25 March, 2021
Author: Vinay Joshi
Bench: V. G. Joshi
1 25 ba167.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.167 OF 2021
Anup s/o Dasaram Pardhi
..vs..
State of Maharashtra, thr. P.S.O.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri H.G Katekar, Advocate for Applicant.
Mrs. S.S. Jachak, A.P.P. for Non-applicant-State.
CORAM : VINAY JOSHI, J.
DATED : 25/03/2021 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.
2. This is a regular bail application of Applicant/Accused Anup s/o Dasaram Pardhi in terms of Section 439 of the Code of Criminal Procedure. The Accused came to be arrested by Aroli Police, District Nagpur in connection with the Crime No.11 of 2021 registered for the offence punishable under Sections 376(2)(n), 312, 313 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
3. The Applicant/Accused is seeking bail on the ground of the innocence, false implication and inadequacy of material about his complicity. The State resisted bail by filing affidavit-in-reply. At the instance of report lodged by the victim's mother dated 01.02.2021, the crime was registered. The informant has stated that she learnt from her daughter that, she had sexual relations with co-
::: Uploaded on - 26/03/2021 ::: Downloaded on - 26/03/2021 22:26:45 :::2 25 ba167.2021 accused namely Shubham Katare due to which her menstruation was discontinued. The victim girl informed to her that co-accused gave her some pills so as to prevent the pregnancy. Since victim started bleeding, she was taken to the Government Hospital where she was aborted.
4. The victim equally stated that due to her sexual relations with co-accused, she missed her menstruation and therefore, co-accused took her to the dispensary of Applicant/accused who gave her pills. Precisely, the allegations against the Applicant/accused - medical practitioner is that he caused miscarriage of victim against her consent.
5. It is argued that the victim as well as co-accused have concealed from him that victim was pregnant. They took pills under the pretext that she is suffering from menstruation problem and to cure the same, some pills were given.
6. Prima facie, there is no material to show that Applicant/Accused intended to cause miscarriage of the victim and knowingly gave pills for causing miscarriage. According to the Accused, he gave some herbal medicine to prevent pain. There is no medical opinion about the effect of pills and it's consequences. Learned A.P.P. argued that qualification and certificate of the Applicant/accused who claims to be medical practitioner, itself is doubtful. In fact, it is a different aspect for which appropriate action could be taken. However, at this stage, without any material the same cannot be considered.
7. Already, Accused has undergone police custody and faced custodial interrogation. The investigation is ::: Uploaded on - 26/03/2021 ::: Downloaded on - 26/03/2021 22:26:45 ::: 3 25 ba167.2021 complete and charge-sheet has been filed. The main allegations of rape and sexual assault are against the co- accused. Considering the limited role of the Accused and the stage of investigation, his detention in jail is not more required. The trial will take its own time for disposal in accordance with law. In view of the above, the Applicant/ Accused has made out a case for grant of bail, hence, following order is passed :
(a) The Applicant/accused - Anup s/o Dasaram Pardhi be released on bail in connection with Crime No.11 of 2021 registered with Aroli Police Station, District Nagpur punishable under Sections 376(2)(n), 312, 313 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 on his furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.
(b) The Applicant/Accused shall attend each hearing on scheduled date before the Trial Court.
(c) The Applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.
JUDGE Trupti ::: Uploaded on - 26/03/2021 ::: Downloaded on - 26/03/2021 22:26:45 :::