01-BA-1404-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1404 OF 2023
Mr. Sagarnil Sukumar Sarkar …Applicant
Versus
The State of Maharashtra & Anr. …Respondents
Ms. Sana Raees Khan a/w Aditya Parmar, Ruchita Rajpurohit &
Abhijeet Singh, for the Applicant.
Ms. Supriya Kak, APP, for the Respondent No.1-State.
Ms. Meghna A. Gowalani, for Respondent No.2.
A. P. I. P. D. Gaikwad, Wakad Police Station, Pune, present.
CORAM : MADHAV J. JAMDAR, J.
DATED : FEBRUARY 29, 2024
P.C.:
1.
Heard Ms. Sana Raees Khan, learned Counsel appearing for
the Applicant, Ms. Kak, learned APP appearing for the
Respondent No.1-State and Ms. Gowalani, learned Counsel
appointed to represent the interests of the Respondent No.2.
2.
This regular Bail Application is preferred under Section 439
of the Code of Criminal Procedure, 1973. The relevant details are
as follows:-
1 C. R. No. 579 of 2021
2 Date of registration of F.I.R. 18/07/2021
3 Name of Police Station Wakad Police Station,
District-Pune
4 Section/s invoked 376, 376(2)(n), 354, 323 &
504 of the I.P.C., 1860;
3, 4, 5, 6, 7, 8, 9(l)(n), 10 & 12
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of the POCSO Act, 2012
5 Date of arrest 18/07/2021
6 Date of filing Charge-sheet 16/09/2021
3.
The Applicant is the step-father of the victim i.e.
Respondent No.2. The victim’s mother was married to one
Stanley Stephen. Due to differences they started residing
separately and ultimately a Divorce Decree was granted to them.
Thereafter the victim’s mother moved to Pune along with victim.
Thereafter the victim’s mother came in contact with the
Applicant and started residing with the Applicant along with the
victim since the year 2016. Thereafter in the year 2018, the
Applicant and the mother of the victim got married. The mother
of the victim died on 30th July 2018. On 17th July 2021, as the
Applicant started assaulting the victim, she fled from the house
and went to a shop namely ‘Simply Delicious Bakery’ and
informed one Mr. Atul who is a friend of the Applicant. However,
one person who was present in the said bakery made a phone call
to the Principal of the ‘Vidya Valley School’ where the victim was
enrolled, informing the Principal that the victim was extremely
frightened and that she was in need of immediate help and said
person also called the Child Helpline number. After some time,
two Volunteers from Child Helpline as well as the Principal of the
said school and one teacher Ms. Vidya came there and the victim
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narrated to them that the Applicant who is her step-father is
sexually assaulting her.
4.
Although, it is the contention of Ms. Sana Raees Khan,
learned Counsel appearing for the Applicant that as the Applicant
was requiring discipline and therefore a false F.I.R. was lodged,
however, contents of the F.I.R. as well as the statements of
witnesses namely, Ms. Sumitra Ashok Bansode, Volunteer from
Child Helpline (Page 98), Ms. Savita Chandrakant Diwate,
Volunteer from Child Helpline (Page 99), Ms. Nalini Sen Gupta,
Principal of Vidya Valley School Susgaon, Pune (Page 100), Ms.
Vidya Avinash Divate, Counselor who was working in Vidya
Valley School Susgaon, Pune (Page 102), the statement of the
victim recorded under Section 164 of the Code of Criminal
Procedure, 1973 as well as the medical evidence prima facie show
the commission of the crime by the Applicant. The offence is
extremely serious and the punishment for the offence under
Section 6 of the Protection of Children from Sexual Offences Act,
2012 is rigorous imprisonment for a minimum of 20 years.
5.
Accordingly, the Applicant is not entitled to be released on
bail. Therefore, the Bail Application is dismissed.
[MADHAV J. JAMDAR, J.]
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