The Bombay High Court, Aurangabad Bench, has granted bail to an applicant accused of offences under the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice Sanjay A. Deshmukh, while allowing the bail application, observed that “It is the case of love between two young persons” and noted the absence of force.
The court was hearing a bail application filed by the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 183 of 2024, registered at Warangaon Police Station, District Jalgaon.
Background of the Case
The case was initiated based on a report filed by the victim’s mother. The informant averred that her daughter, aged 14 years and 3 months, was discovered to be pregnant on September 26, 2024. Upon being taken to the hospital, the victim disclosed that the applicant had called her to his house and committed aggravated sexual assault on her on two occasions. She had not previously disclosed the incident to anyone.
Following the report, the applicant was charged with offences under Sections 64, 351, 351(1), 351(2), and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 4 and 6 of the POCSO Act.
Arguments of the Parties
Advocate Mr. Bhushan Mahajan, representing the applicant, submitted that the applicant’s date of birth is June 1, 2006. He argued that at the time of the alleged incident on September 3, 2024, the applicant was below 18 years of age. The counsel further contended that the applicant has roots in society, would not abscond, and that the trial would take a significant amount of time.
The application was strongly opposed by the learned APP for the State, Mr. P. P. Dawalkar, and the appointed counsel for the victim (Respondent No. 2), Advocate Mr. S. S. Gangakhedkar. They argued that the applicant is accused of a serious offence for which the prescribed punishment is imprisonment for the remainder of life. They submitted that if released on bail, the applicant might pressurize prosecution witnesses, tamper with evidence, and that the “possibility of commission of similar nature of crime again on the part of the applicant also cannot be ruled out.”
Court’s Analysis and Observations
After perusing the charge sheet and the victim’s statement, Justice Sanjay A. Deshmukh noted that the incident allegedly took place six to seven months before it was revealed. The discovery was made only when the victim did not attain menstruation. The court observed, “Till then the fact of alleged incident was not known to any body, except the applicant and the victim child.”
From this, the court made a key observation: “It shows that there is no force on the part of the applicant while commission of the said crime.”
The court acknowledged the submission regarding the applicant’s age but stated, “However, it is a matter of evidence.” Concluding its analysis, the judgment states, “It is the case of love between two young persons. Considering all these aspects, the application deserves to be allowed, as the applicant has roots in the society and he will not flee away form the trial as well as on the principle that bail is rule and jail is exception, on certain conditions.”
Decision
The High Court allowed the bail application. The applicant is to be released on bail upon furnishing a personal bond of Rs. 25,000 with a surety of the like amount. The court imposed the following conditions:
a) The applicant shall not pressurize prosecution witnesses or tamper with prosecution evidence in any manner. b) The applicant shall not enter Bhusawal Taluka until the conclusion of the trial, except on dates fixed by the Trial Court for attending the proceedings.
