Bombay High Court
Devanand Gajanan Telhare vs The State Of Maharashtra Thr. Pso Ps ... on 29 July, 2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (BA) NO.459/2024
Devanand Gajanan Telhare Vs. State of Maharashtra, through its P.S.O. P.S.
Daryapur, Tah. Daryapur, Dist. 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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Shri M.P. Kariya, Advocate for applicant
Ms Soniya Thakur, APP for State
Shri Sagar Katkar, Advocate for respondent No.2
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 29/07/2024
The applicant came to be arrested on
30/11/2023 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 under
Sections 4(1), 5(G), 6, 12 of the Protection of
Children from Sexual Offences Act, 2012.
2. The accusation against the present applicant
is on the basis of the report lodged by the victim on an
allegation that she was studying in 3rd standard and
birth of date is 26/11/2005. On the day of incidence,
she was below 18 years of age. In the year 2020, she
was studying and she got acquaintance with co-
accused Vishal Sudhir Bonde. She was also acquainted
with the another applicant Manish Rameshwar
Gaikwad and was in contact with him on phone and
Instagram.
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3. It is further alleged that she was having love
affair with co-accused Manish, she used to travel in
the Auto of Gajanan Devanand Telhare i.e. the father
of the present applicant for the private classes. In
March, 2021, the present applicant and the other co-
accused used to follow her and, thereafter, asked her
for sexual favour, which she refused. It is further
alleged that all these three persons used to follow her
and, thereafter, subjected her for sexual assault and
they have obtained her obscene photographs and
video and threatened her that they would make it
viral. It is further alleged that she was subjected by
sexual assault by co-accused Vishal Bonde and the
video shooting of the said incident was done by the
co-accused Manish Gaikwad. On the basis of the said
report, police have registered the crime against the
present applicant as well as other co-accused. During
investigation, the victim was referred for medical
examination and her medical examination was carried
out and after completion of the investigation, the
charge-sheet was filed.
4. Learned Counsel for the applicant Shri Kariya
submitted that as far as the present applicant is
concerned, only allegation against him is that he has
threatened to make the said photographs and video
shooting viral. It is further alleged that the present
applicant was present when the video shooting of the
incident in the car was obtained.
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5. It is submitted that as far as the present
applicant is concerned, there is no allegation that she
was subjected for sexual assault by the present
applicant. Only allegation against him is that he
threatened her to viral the said photographs and the
video shooting. He submitted that now investigation is
completed and the charge-sheet is filed. Further
incarceration of the present applicant is not required.
The other co-accused are already released on bail,
against whom, the most serious allegations are
levelled.
6. The learned APP for the State and the learned
Counsel for the victim 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
applicant and the co-accused in the alleged incident.
The nature of the crime is serious. Considering the
prima facie material against the present applicant, the
application deserves to be rejected.
7. The entire case revolves around the video
shooting and the photographs obtained in the mobile
phone of the victim. The concerned memory cards
which are seized by the investigating officer are called
before the Court while considering the application of
the co-accused to ascertain the facts. The said memory
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cards are produced before the Court at the relevant
time in a sealed condition and the said 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 has alleged
that the co-accused has sexually assaulted her by
following her and also blackmailed her by obtaining
her obscene photographs. It is further alleged that
regarding the sexual assault, co-accused Manish
Gaikwad has obtained the video shooting. The
investigating officer has carried out the hash value
panchanama 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 when she herself has
obtained the said photographs at her house in the
wash-room. The hash value panchanama further
shows that the another video shooting was witnessed
by the panch wherein, it is seen that one person is
subjecting the victim for sexual assault and the co-
accused Manish was taking the video. 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 co-accused Manish Gaikwad
to take the video of the said incident.
8. As far as the present applicant is concerned,
the allegation is that he has threatened her that he
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would make the said video viral. From the
investigation papers, the learned APP could not point
out any material to show that it was the present
applicant who has made the said video shooting or
her photographs viral. Only allegation is that he has
threatened that he would make it viral. Moreover,
from the video shooting, it was apparent that it was
the co-accused Manish Gaikwad, who has obtained
the said video shooting on the say of victim herself.
Thus, considering the entire material, as far as the
allegations against the present applicant, who is
concerned, there is no material to show that he has
made it viral. On the contrary, the evidence shows
that the said video shooting was obtained on the say
of victim herself. The face of the person who subjected
her for her sexual assault is blurred. Considering the
entire investigation papers, at this stage, admittedly,
there is no material to show that the present applicant
has subjected her for sexual assault or he has made
the said video shooting viral. Thus, considering the
fact that other two accused are already released on
bail, as far as the role of the present applicant is
concerned, which is lesser than the accused who are
released on bail. In view of that the further
incarceration of the present applicant is not required.
Accordingly, I proceed to pass the following order.
ORDER
(i) The application is allowed.
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(ii) The applicant- Devanand Gajanan Telhare, be
released on bail 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 under Sections 4(1), 5(G), 6, 12 of the Protection of Children from Sexual Offences Act, 2012, on executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety, in the like amount.
(iii) The applicant shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case.
(iv) The applicant shall not enter into the Taluka Daryapur, till the culmination of the trial.
(v) The applicant shall attend the proceedings before the learned Trial Court without seeking any exemption unless there are exceptional circumstances.
(vi) The applicant shall attend the Achalpur Police Station once in a month, till culmination of the trial.
(vii) The observation is prima facie in nature and trial Court shall not be influenced by the said observation.
9. The application is disposed of.
JUDGE R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 31/07/2024 10:31:53