Bombay High Court
Sagar Sanjay Tarmale vs The State Of Maharashtra Thr. Pso Ps ... on 8 May, 2025
2025:BHC-NAG:5243
954.apeal.167.2025.judgment............odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.167 OF 2025
Sagar Sanjay Tarmale,
Aged : 21 Years,
Occupation : Labour,
R/o. Dhasalwadi, District Buldhana. ..... APPELLANT
// VERSUS //
1. State of Maharashtra,
through Police Station Officer,
Raipur, Buldhana.
2. XYZ, Crime No.264/2024,
through Police Station,
Raipur, District Buldhana. .... RESPONDENTS
----------------------------------------
Mr. S. V. Sirpurkar, Counsel for the appellant.
Ms. S. S. Dhote, APP for the respondent No.1 /State.
Ms. Ragini Swami, appointed Counsel for respondent No.2.
----------------------------------------
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 08.05.2025
1. Heard.
2. Admit.
3. The present appeal is preferred under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, challenging the order passed by the learned
Additional Sessions Judge and Special Judge, Buldhana in Special
Case No.12/2025 on below Exh.19 dated 17.03.2025 by which the
application of the present appellant for grant of bail is rejected.
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(2)
4. Heard learned Counsel for the appellant, who submitted
that the crime is registered on the basis of the statement of the
mother of the victim girl on an allegation that her minor daughter
was kidnapped by the present appellant and subjected for the
forceful sexual assault. On the basis of the said report, police have
initially registered the offence punishable under Sections 363, 366
of the Indian Penal Code. After registration of the offence, the
statement of the victim was recorded and it revealed that she was
having a love affair with the present appellant, and therefore he had
taken her and subjected her for the forceful sexual assault. After
recording the statement, offence under Sections 137(2), 54, 64(1),
3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered as well as
under Sections 4, 6, 8, 12 and 17 of the Protection of Children from
Sexual Offences Act and under Sections 3(1)(w)(i)(ii), 3(2)(v), 3(2)
(va) of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989. Learned Counsel for the appellant
submitted that from the statement of the victim, it reveals that she
was on the verge of attaining the majority. Out of a love affair, she
went along with the present appellant and physical relationship was
developed between them. As far as the further incarceration is
concerned, which is not required as investigation is already
completed and charge-sheet is filed. The medical certificate shows
that there was a physical activity with the victim, but considering
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(3)
the circumstances under which the said activity had taken place
between them, the appeal deserves to be allowed.
5. Learned APP and learned Counsel for the respondent
No.2 - victim strongly opposed for the same on the ground that as
the victim is below 18 years of age, her consent is not required, and
therefore, the learned Special Court has rightly rejected the
application. In view of that, no interference is called for.
6. After hearing both sides and on perusal of the
investigation papers, the FIR is lodged by the mother of the victim
girl alleging that her minor daughter was kidnapped by the present
appellant and thereby he has committed the offence. During
investigation, the victim was searched, her statement was recorded
and from which it reveals that she was studying in 12 th std. at the
relevant time. Her birth date is 12.09.2007 and out of a love affair,
she went along with the present appellant. Out of a love affair itself,
there was a physical relationship developed between them.
Admittedly, now the investigation is already completed and
charge-sheet is filed. Considering the statement of the victim and
the facts and circumstances under which the alleged incident has
taken place, it appears that the offence is not committed by the
present appellant out of lust, but it is out of a love affair. In view of
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(4)
that, the appellant has made out a case for grant of bail.
Accordingly, I proceed to pass following order:
ORDER
(i) The appeal is allowed.
(ii) The order dated 17.03.2025 passed by the
learned Special Judge, Buldhana, in Special Case
No.12/2025 on below Exh.19, rejecting the application
for grant of bail is hereby quashed and set aside.
(iii) The appellant Sagar Sanjay Tarmale shall
be released on bail in connection with Crime
No.264/2024 registered with Police Station, Raipur,
District Buldhana for the offence punishable under
Sections 137(2), 54, 64(1), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and under Sections 4, 6, 8, 12,
17 of the Protection of Children from Sexual Offences
Act and Sections 3(1)(w)(i)(ii), 3(2)(v), 3(2)(va) of the
Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989, on executing PR bond in the
sum of Rs.25,000/- with one solvent surety in the like
amount.
(iv) The appellant shall not enter into the vicinity
of village Dhasalwadi, District Buldhana, till the
culmination of trial.
(v) The appellant shall attend the proceeding
before the Special Court without seeking any
exemption unless there are exceptional circumstances.
(vi) The appellant shall not induce, threat or
promise any witnesses who are acquainted with the
facts of the case.
The fees of the appointed Counsel be
quantified as per rules.
954.apeal.167.2025.judgment............odt
The appeal is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 02/06/2025 15:45:31
