Bombay High Court
Manish Rameshwar Gaikwad vs State Of Maharashtra, Thr. Pso Ps ... on 9 May, 2024
2024:BHC-NAG:5626
(1) 942.ba.381.2024&ba.451.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.381 OF 2024
Manish Rameshwar Gaikwad
Vs.
State of Maharashtra, Through Police Station Officer, Police Station,
Daryapur, District Amravati and another
WITH
CRIMINAL APPLICATION (BA) NO.451 OF 2024
Vishal s/o Sudhir Bonde
Vs.
State of Maharashtra, Through Police Station Officer, Police Station,
Daryapur, District Amravati and another
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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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Mr. A. V. Borekar, Advocate along with Mr. D. N. Mudgale, Advocate for
applicant.
Mr. A. S. Mardikar Senior Advocate a/b Mr. Digvijay Singh, Advocate for
applicant in BA. 451/2024.
Ms. Swati Kolhe, APP for respondent No.1/State.
Ms. Aarti Singh, appointed Advocate for respondent No.2.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 09/05/2024
1. The applicants in both the applications
came to be arrested on 24.11.2023 in connection
with Crime No.657/2023 registered with Police
Station Daryapur, District Amravati for the offences
punishable under Sections 354(A)(1)(i), 354-C,
354-D, 376, 376-D, 506 read with Section 34 of the
Indian Penal Code and Sections 4(i), 5(g), 6, 12 of
the Protection of Children from Sexual Offences Act.
2. The accusation against the present
applicants is on the basis of report lodged by the
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victim on an allegation that she was studying in the
12th Standard and her birth date is 26/11/2005. On
the day of the incident, she was blow of 18 years of
age. In the year 2020, she was studying and she got
acquaintance with the applicant Vishal Sudhir Bonde.
She was also acquainted with the another applicant
Manish Rameshwar Gaikwad and was in contact with
him on phone and Instagram.
3. It is further alleged that she was having
love affair with the said applicant Manish. She used
to travel in auto of Gajanan Devanand Telhare for the
private classes. In March 2021, the co-accused
Manish used to follow her and thereafter asked her
for sexual favour, which she refused. It is further
alleged that thereafter, all these three persons i.e.
Vishal Bonde, co-accused Devanand Telhare and
Manish Gaikwad used to follow her and thereafter,
subjected her for sexual assault. It is further alleged
that the applicant Vishal Bonde has asked to obtain
the obscene photographs and forward him,
accordingly she had forwarded. It is further alleged
that she was subjected for sexual assault by said
Vishal Bonde and the video shooting of the said
incident was done by the applicant Manish Gaikwad.
On the basis of the said report, police have registered
the crime against both the applicants. During the
investigation, the victim was referred for medical
examination and her medical examination was
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carried out. After due investigation, the charge-sheet
is filed.
4. Learned Senior Counsel Mr. Mardikar for
the applicant Vishal Bonde has submitted that as far
as the applicant is concerned, the allegations are
false. He further submitted that as per his
instructions the video shooting which was obtained
by the applicant Manish Gaikwad wherein the face of
the person is not visible, it is blurred.
5. He further submitted that as far as the
applicant Manish Gaikwad is concerned with whom
she was having a love affair. It is further submitted
by him that the photographs which alleged to be
forwarded to the present applicants are not obtained
by applicants, but it is the victim who herself has
obtained the said photographs and the video shooting
of the said incident, which are also collected by the
Investigating Officer. Thus, considering the entire
obscene photographs are obtained by the victim
herself, the video shooting of the alleged incident was
also video-graphed on the say of the victim. In view
of that, considering the investigation is completed
and the involvement of the present applicant Vishal
Bonde in a sexual assault does not reveal therefore,
he be released on bail.
6. Learned Counsel for the applicant Manish
Gaikwad also endorsed the same contention and
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placed on record the WhatsApp communication which
shows that there was a love affair between the victim
and the said applicant Manish. The another role
attributed to the Manish Gaikwad is that he has
obtained the video shooting of the alleged sexual
assault which was committed in one Car. He
submitted that said Car is not owned by Vishal Bonde
nor by Manish Gaikwad. Thus, the entire incident
shows that it was some unknown person and even
the video shooting nowhere discloses the
involvement of the present applicant Manish
Gaikwad.
7. Learned APP strongly opposed the said
application on the ground that the statement of the
victim and the video shooting collected by the
Investigating Officer recorded in the Memory Card
sufficiently shows the involvement of the present
applicants in the alleged offence. The nature of the
crime is serious in nature. Considering the prima
facie material against the present applicants, the
application deserves to be rejected.
8. The appointed Counsel for the respondent
No.2 - victim also endorsed the same contention.
9. Considering the entire case revolves
around the video shooting and photographs obtained
in the mobile phone of the victim. The concerned
Memory Cards which are seized by the Investigating
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Officer are called before the Court to ascertain the
fact. The said Memory Cards are produced before
the Court in sealed condition. It were unsealed and
the video shooting was seen in presence of the
learned APP and the Investigating Officer in Camera.
I have also perused the statement of the victim
wherein she alleged that the present applicants have
sexually assaulted her by following her and also
blackmailed her by obtaining her obscene
photographs. It is further alleged that regarding the
sexual assault the applicant Manish Gaikwad has
obtained the video shooting. The Investigating
Officer has carried out the hash value panchnama
wherein it is specifically mentioned that there were
photographs of the victim disrobing herself, but from
the video shooting it reveals that none of the accused
present at the time, but she herself has obtained the
said photographs at her house in the Washroom. The
hash value panchnama further shows that another
video shooting was witnessed by the panch wherein it
is seen that one person is subjecting the victim for
sexual assault and the applicant Manish was taking
the video shooting. On unsealing the said Memory
Cards video shooting was seen in camera from which
it reveals that the face of the person who have
subjected her for sexual assault is not visible,
whereas the video shooting appears to be obtained
by her by asking the applicant Manish Gaikwad to
take the video shooting of the same.
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10. Thus, it is apparent that the said video
shooting was obtained by the applicant Manish
Gaikwad on the say of victim herself. Considering
the entire material as far as the allegation regarding
the obtaining her obscene photographs which are
obtained by herself as per the investigation papers.
As far as the video shooting of the said incident
allegedly taken by the accused Manish Gaikwad is
also obtained on the say of victim. The face of the
person who subjected her for sexual assault in a Car
is also not visible. Considering the entire
investigation papers, at this stage involvement of the
present applicants appears to be doubtful. However,
it is the matter of evidence. Considering the nature
of the evidence and the electronic evidence which is
collected by the Investigating Officer and the
investigation is already completed, the application of
both applicants deserves to be allowed by imposing
certain conditions. At this stage, it is not necessary
to evaluate evidence therefore, no detailed discussion
is made while passing this order. Accordingly, I pass
following order.
ORDER
(i) The applications are allowed.
(ii) The applicant Manish Rameshwar Gaikwad and Vishal s/o Sudhir Bonde be released on bail on executing PR bond of Rs.25,000/- each with one solvent surety in the like amount in connection with Crime No.657/2023 registered with Police Station Daryapur, District Amravati for the offences (7) 942.ba.381.2024&ba.451.2024 punishable under Sections 354(A)(1)(i), 354-C, 354-D, 376, 376-D, 506 read with Section 34 of the Indian Penal Code and Sections 4(i), 5(g), 6, 12 of the Protection of Children from Sexual Offences Act.
(iii) The applicants shall not enter into the vicinity of Daryapur, till the culmination of the trial.
(iv) The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
(v) The applicants shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.
(vi) The applicants shall attend the Achalpur Police Station once in a month on first of every month, till culmination of the trial.
(vii) The Memory Cards which are produced before the Court by the Investigating Officer are resealed and shall be handed over to the Investigating Officer.
11. The fees of the appointed counsel be quantified as per rules.
12. The observation is prima facie in nature. The trial Court shall not be influenced by the said observation.
13. Both the applications are disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 09/05/2024 17:34:21