Bombay High Court
Pushparaj Simon vs The State Of Maharashtra on 13 February, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
osk 4-ba-3302-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3302 OF 2018
Pushparaj Simon
Age 23 years, Occ. Service,
Residing at Faujudhin Chawl,
Ganesh Chowk, Gaodevi Road, Poisar,
Borivali (W), Mumbai - 400 092 ... Applicant
V/s.
The State of Maharashtra ... Respondent
• Adv.Roseline Nadar for the Applicant.
• Adv.Kalpana Trivedi for the Intervenor.
• Adv.A.A. Takalkar, APP for the Respondent-State.
• Mr.Ravindra Avhad, PSI, Borivali Police Station.
CORAM : PRAKASH D. NAIK, J.
DATE : 13 th FEBRUARY, 2019.
P.C. :
1] The Applicant is seeking bail in C.R. No.513 of 2018
registered with Borivali Police Station for the offence punishable
under Section 376 of the Indian Penal Code [for short, "IPC"] and
Section 4, 8 and 12 of the Protection of Children from Sexual Offences
Act, 2012 [for short, "POSCO Act"].
2] The First Investigation Report [for short, "FIR"] was
lodged by the mother of the victim. The victim was aged about 17
years at the time of incident. The case of the Prosecution is that the
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Accused was known to the family of the complainant and had
committed sexual intercourse with the victim. Subsequently, it was
noticed that the victim had conceived and had delivered a child.
3] Learned APP pointed out the report submitted by the
District Child Protection Officer, Tirunelveli, stating that the child
delivered by the victim was conceived within the State of
Maharashtra and thereafter, the victim stayed in Tirunelveli District.
The child was monitored continuously by the District Child Protection
Unit, Tirunelveli and then she delivered the child on 02/11/2017.
4] The report further mentions that the victim child had
surrendered the baby before the Child Welfare Committee. Then the
child was given under the custody of St. Joseph's Charity Institute,
Tuticorin, which was legally adopted by Prospective Adoptive Parents
under the direction of Central Adoption Resource Agency (CARA).
5] Learned counsel for the Applicant submits that the
Applicant is willing to marry the victim after she attains majority. The
Applicant has filed Affidavit-cum-undertaking executed before the Jail
Authority on 25/09/2018 and it has been tendered in this proceeding.
In the said Affidavit, it is stated that the victim is related to the
Applicant. He undertook to marry the victim as soon as she attains
majority.
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6] Learned APP submits that the FIR was lodged at
Tirunelveli before the victim had delivered the child on 24/09/2017
and thereafter, it was transferred to Borivali Police Station. The
mother of the victim has also filed Affidavit supporting the Applicant.
Both the Affidavits are taken on record.
7] The mother of the victim is present in the Court. She has
been identified by the learned counsel representing the victim. Hence,
I pass following order :
ORDER
(i) Criminal Bail Application No.3302 of 2018 is allowed and disposed off;
(ii) The Applicant is directed to be released on bail in connection with CR No.513 of 2018 registered with Borivali Police Station, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The Applicant shall report Borivali Police Station once in a month on every first Saturday between 11 am and 1 pm till further orders.
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