Bombay High Court
Pranayshantaram Pal vs State Of Mha. Thr. Pso Ps ... on 14 January, 2022
Bench: Avinash G. Gharote
1 14.BA. 1123-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (BA) NO. 1123 OF 2021
( Pranay Shantaram Pal
Vs.
State of Maharashtra )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. M.N. Ali, Advocate for the Applicant.
Mr. S.M. Ghodeswar, A.P.P. for the Non-Applicant/State.
Ms. S.H. Bhatia, Advocate (Appointed) for Complainant.
CORAM: AVINASH G. GHAROTE, J.
DATED : 14th JANUARY, 2022.
Heard Mr. Ali, learned counsel for the
applicant, Mr. Ghodeswar, learned APP for the non-
applicant/State and Ms. Bhatia, learned counsel
appointed for the complainant.
2. The applicant seeks bail for an offence
under Sections 376(2)(n) & 376 of the Indian Penal
Code read with Sections 4, 6 & 8 of the Protection of
Children from Sexual Offences Act, 2012 (For short
POCSO ) Act.
3. Mr. Ali, learned counsel for the applicant,
submits, that there was a love affair between the victim
and the accused, as a result of which had established
intimate relations, the victim became pregnant,
due to which, the offence has been registered. He
2 14.BA. 1123-2021.odt
submits, that though the victim was a minor, however
there was a consent on her part due to long standing love
affair between them, and therefore, relying upon Mahesh
Bhimraj Jadhav Vs. The State of Maharashtra, 2015 ALL
MR (Cri) 250, Sunil Mahadev Patil Vs. The State of
Maharashtra, 2016 ALL MR (Cri) 1712, and the order
passed in Criminal Application (BA) No. 1035/2019,
decided on 27.11.2019 and Vishal s/o Omprakash Verma
Vs. The State of Maharashtra & Anr., 2021 ALL MR (Cri)
187, it is submitted, that the applicant is entitled for bail.
4. The application is opposed by the learned
APP, who contends, that the story being put forth of
there being a long standing love affair, is palpably false,
as the statement of the victim does not depict so. He
submits, that the victim is a minor, and therefore, the
question of consent does not arise.
5. With the assistance of learned counsels, I
have perused the complaint and the statement of the
victim, which does not disclose any love affair between
the victim and the applicant. In both the statements,
recorded of the victim, on 30.08.2021 as well as
28.09.2021, she does not say, that she was having long
standing love affair with the applicant, on the contrary,
she says, that on the fateful day, the applicant was
already standing in front of her school and he had
offered her a ride, as a result of which, she had
accompanied him, whereupon he had taken her in the
jungle, and there he had committed the act, as a result of
which, the victim became pregnant. The DNA report,
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placed on record by the learned APP, positively opines,
that the applicant, is the father of the baby. Thus, it is
apparent, that this is not a case, where the intimacy had
developed due to long standing love affair between the
applicant and the victim, in view of which, the judgments
relied upon by the learned counsel for the applicant, are
of no assistance, since they all consider instances in
which there was long standing love affair between the
victim and the accused. I therefore, do not see any merit
in the application, the same is rejected.
6. At this stage, Ms. Bhatia, learned counsel
who has been appointed to assist the prosecution
submits, that the applicant and his family members are
pressurizing the victim, to withdraw the complaint. It is
made clear, that any such attempt or action on part of
the applicant or his family members, is prohibited and in
case any such complaint is made before the concerned
Police Station, the same shall be dealt forthwith without
any delay in the matter.
7. Fees of the appointed counsel be paid as per
rules.
8. Pending application/s, if any, shall stand
disposed of accordingly.
JUDGE
SD. Bhimte
