Bombay High Court
Sunil Jaynath Chaursiya @ Dhaniya vs The State Of Maharashtra on 12 October, 2021
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
Digitally signed
IRESH by IRESH
SIDDHARAM
SIDDHARAM MASHAL
MASHAL Date: 2021.10.14
10:07:26 +0530
44.1097.20 BA.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1097 OF 2020
SUNIL JAYNATH CHAURSIYA ....APPLICANT
@ DHANIYA
V/s.
THE STATE OF MAHARASHTRA .....RESPONDENT
Ms. Vandana Singh i/b Amarjeet H. Yadav for the applicant
Mrs. J. S. Lohokare APP for the State
CORAM : NITIN W. SAMBRE, J.
DATE: 12th OCTOBER, 2021.
P.C.:
1] After having suffered arrest on 11/02/2020, applicant came to
be charge-sheeted in C.R. No. 78/2020 registered with Kurar Police Station for offence punishable under Sections 376(2)(i), 354, 342, 506 r/w 34 of the Indian Penal Code and under Section 4, 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012.
2] Prosecution case is, daughter of the complainant was subjected 1/3 44.1097.20 BA.doc to penetrative sexual assault by the applicant and co-accused.
3] I have perused the entire charge-sheet. In statement narrated to doctor and statement under Section 164 of Code of Criminal Procedure, 1973, applicant has been specifcally named with an active role in the commission of offence.
4] In the medical examination report of the victim, it is refected that fnding of sexual assult on the date of offence was not confrmed i.e. 10/02/2020.
Applicant is behind the bars for last more than one year.
5] Since the medical evidence does not support the case of the prosecution and there are no criminal antecedents, in my opinion, case for grant of bail is made out.
(i) Applicant be released on bail in C.R. No. 78/2020 registered with Kurar Police Station for offence punishable under Sections 376(2)(i), 354, 342, 506 r/w 34 of the Indian 2/3 44.1097.20 BA.doc Penal Code and under Section 4, 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 upon furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.
(ii) Applicant shall neither infuence the prosecution witnesses in any manner nor tamper with the evidence.
(iii) Applicant shall attend the Investigating Offcer on 16/10/2021, 18/10/2021 and 20/10/2021 between 10.00 a.m. to 12.00 noon and thereafter, as and when directed.
(iv) Applicant shall not try to contact the complainant, directly or indirectly.
(v) Applicant shall stay outside the jurisdiction of concerned police station till the conclusion of trial.
6] Application stands disposed of.
[NITIN W. SAMBRE, J.] 3/3