Bombay High Court
Vijay Kumar Shaktivel Devendra vs The State Of Maharashtra on 22 November, 2019
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/5 BA--3043-2019 (SR.6)
22.11.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3043 OF 2019
Vijaykumar Shaktivel Devandra ...Applicant
V/s.
State of Maharashtra ....Respondent
****
Mr. Milind Dhande a/w. Ms. Jameela Dawani, Advocate
for the applicant.
Mr. S.R. Agarkar, APP for State.
P.I. Mr. Balwant Patil, Juhu Police Station
present.
CORAM : SANDEEP K. SHINDE, J.
Friday, 22nd November, 2019.
P.C. :
1. The applicant is seeking is release on
bail in C.R. No. 301 of 2019 (POSCO Special Case No.
406 of 2019) registered with Juhu Police Station for
the offences punishable under Sections 376, 325 of
the Indian Penal Code read with Sections 4, 8, 12 of
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The Protection of Children from Sexual Offences Act
("POSCO Act" for short).
2. The victim was 17 years old on the date
when report was lodged by her. The complaint shows,
the applicant and the complainant had a love affair
since 2016. As on today, the applicant is 21 year
old student. It is alleged, in August 2019, the
applicant declined to marry the complainant. It is
alleged, on 10th August, 2019 the applicant
inflicted fist blows and caused dislocation of
tooth of the complainant.
3. The applicant is in the custody from 24th
August, 2019. The investigation is over.
4. The APP relies upon the medical report, of
victim which does not rule out sexual assault on
her. The APP has also pointed out the Certificate
issued by the Bhartiben Bhatia, Shree Vile Parle
Seva Samaj in support of the allegation of assault
and dislocation of tooth.
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4. I have perused the chargesheet. The
evidence shows the complainant had an affair and
fell in love with applicant since 2016, when both
were students. At the relevant time, the applicant
was hardly 18 years old. The nature of accusation
does not indicate the victim was subjected to sexual
assault against her will and wish.
5. The Medical Certificate shows victim was
undergoing root canal treatment.
6. In view of the facts, following is the
order;
ORDER
(i) The Bail Application is allowed.
(ii) The applicant arrested in C.R. No. 301 of 2019 (POSCO Special Case No. 406 of 2019) registered with Juhu Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five ::: Uploaded on - 22/11/2019 ::: Downloaded on - 23/11/2019 03:42:12 ::: Rane 4/5 BA--3043-2019 (SR.6) 22.11.2019 Thousand only) with one or two sureties in the like amount.
(iii) The applicant shall attend the concerned Police Station as and when called.
(iv) The applicant shall furnish the particulars of his new address at Sion and mobile contact number to the Investigating Officer of the Police Station concerned within seven days of his release.
(v) The applicant shall live outside Village - Vileparle till the conclusion of the trial.
(vi) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the ::: Uploaded on - 22/11/2019 ::: Downloaded on - 23/11/2019 03:42:12 ::: Rane 5/5 BA--3043-2019 (SR.6) 22.11.2019 case.
7. The Bail Application is allowed and disposed off in the aforesaid terms.
(SANDEEP K. SHINDE, J.) ::: Uploaded on - 22/11/2019 ::: Downloaded on - 23/11/2019 03:42:12 :::