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2020 DIGILAW 771 (BOM)

Asif Yusuf Shaikh v. State of Maharashtra

2020-06-23

REVATI MOHITE DERE

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JUDGMENT : Revati Mohite Dere, J. 1. Heard learned counsel for the appellant and the learned A.P.P. 2. The complainant was served with the copy of the aforesaid appeal, pursuant to the order passed by this Court in the aforesaid appeal. Learned A.P.P states that she has received a letter from the complainant through the Investigating Officer, opposing grant of bail to the appellant on the premise that the appellant lives in the same vicinity where she is living. 3. By this appeal, the appellant seeks his enlargement on bail in connection with C.R. No. 356/2019 registered with the Khadki Police Station, Pune, for the offences punishable under Section 354 of the Indian Penal Code; under Sections 8 and 12 of the Protection of Children from Sexual Offences Act and under Sections 3(1) w (1)(2) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Perused the papers. According to the complainant, the appellant was taking private tuitions between 3:30 p.m. to 6:30 p.m. It is alleged by the prosecution that on 19th November 2019, the victim girl aged 5 years, returned from her tuitions and disclosed to her mother (complainant) that she did not wish to go for tuitions. When the complainant inquired the reason for the same, the victim girl narrated that the appellant had touched her inappropriately on her waist and chest. Pursuant thereto, the complainant lodged a complaint with the Khadki Police Station, Pune, alleging the aforesaid offences. 5. Learned counsel for the appellant submitted that the allegations are false and baseless and that the appellant had not outraged the modesty of the victim girl. He submitted that at the time of the alleged incident, the appellant's wife and daughter aged 18 years were present in the house and that no such incident as alleged, had taken place. Learned counsel submitted that when the appellant demanded outstanding tuition fees from the girl, the complainant replied that they were not running away and did not pay the tuition fees. He submitted that the police also investigated in a biased manner and did not take into consideration the footage of the CCTV camera which was placed outside the appellant's house. Learned counsel submitted that when the appellant demanded outstanding tuition fees from the girl, the complainant replied that they were not running away and did not pay the tuition fees. He submitted that the police also investigated in a biased manner and did not take into consideration the footage of the CCTV camera which was placed outside the appellant's house. He submitted that the CCTV footage, if seen, would show that the appellant's wife and daughter were present in the house; the doors of the house were open and after the alleged incident, the victim girl and the complainant did not raise any hue and cry. 6. Be that as it may, investigation in the said case is complete and charge-sheet is filed. 7. Learned counsel for the appellant also submitted that the appellant will not reside at his own residence, which is about 300 meters from the victim's house, but instead, will reside with his mother, whose house is about 3 kilo meters away from the victim's house. 8. Considering the aforesaid, the application is allowed and the appellant is enlarged on bail on the following terms and conditions: ORDER (i) The appellant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 8. Considering the aforesaid, the application is allowed and the appellant is enlarged on bail on the following terms and conditions: ORDER (i) The appellant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/-, with one or two sureties in the like amount; (ii) The appellant shall not reside at his own residence, but instead, shall reside with his mother or any other place which is atleast more than 2 kilo meter radius away from the residence of the victim girl; (iii) The appellant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (iv) The applicant to cooperate with the conduct of the trial and attend all the dates before the trial Court, unless exempted; (v) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, victim, witnesses or any person concerned with the case; (vi) The applicant shall file an undertaking with regard to clauses (ii) to (v) in the trial Court, within two weeks of his release; (vii) If there are two consecutive defaults either in appearing before the trial Court, or breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail. 9. The Appeal is accordingly disposed of. 10. All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary.