Anirudha Radheshyam Yadav Vs. The State of Maharashtra - Judgment Analysis               

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL BAIL APPLICATION NO. 2632 OF 2019

Anirudha Radheshyam Yadav                          …Applicant

Versus

The State of Maharashtra                                        …Respondent

That the above noted case was an regular bail application filed under section 439 of code of criminal procedure and the same has been allowed by the Hon;ble High Court of Bombay.

BRIEF FACTs.

According to the statement of the victim, she was 14 years and 11 months old on the date of incident; whereas the accused/applicant was 25 years old. It appears from the victim’s statement that, on 18.04.2019 at 01:00 am., she had left her parents’ house secretly with her belongings to go to the accused and thereafter, they had traveled from one place to another. Her statement shows that on 22.04.2019, she left with the complainant for two days, to go to Gajipur, UP, the village of the accused/applicant, where she was persuaded by the relative of the applicant to return back to home and thereafter, both had returned to Mumbai. The man was arrested at Mumbai airport under various sections of the Protection of Children from Sexual Offences (POCSO) Act.

STATEMENT OF VICTIM.

Victim had left her parents’ house secretly with her belongings to go with the accused and the applicant/accused had never induced and/or forced the victim to leave her parents’ house The conduct of the victim is indicative of the fact that she had left the home of her parents by her own will and that she had surrendered to the physical desires of the applicant/accused out of her love and affection for him.

The said descriptions of facts do not even remotely suggest that the applicant had ever induced and/or forced the victim to leave her parents’ house. Thus, prima facie, the ratio laid down in the S. Varadarajan’s case (supra) is applicable to the case in hand.

FINDINGS

It is not the case of the prosecution that the applicant/accused had promised to marry her/victim. Additionally, it is also not a case where under the misconception of the fact, she/victim had served herself to the desire of the applicant/accused for physical relations. No doubt, that the applicant/accused, under the preview of POCSO Act, is a minor, however, the facts of the present case indicate that she had sufficient knowledge and capacity to know full import of what she was doing and had only thereafter voluntarily joined the complainant.

HELD

Thus this is a prima facie, weighed in favour of the accused as she had voluntarily had sexual intercourse. The court has correctly imposed strict conditions while granting bail, however, it is critical to ensure that these conditions aren’t violated.”

ORDER/CONDITIONS FOR BAIL

That applicant was not living in the vicinity of the victim at the time of the OCCURANCE of the alleged incident

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• The applicant is directed to be released on bail in Crime no.155 of 2019 registered with Kurar Police Station, on executing the personal Bond for the sum of Rs.25,000/- with one or more sureties in the like amount;
• The applicant shall not live in the vicinity of the victim until the conclusion of trial, the trial is expedited;
• The applicant shall furnish the particulars of his residential address as well as permanent address and mobile number details to the investigating officer within seven days from the date of his release on bail;
• The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case
•  

Henceforth the application is allowed in the aforesaid terms and disposed off.

CONCLUSION

Where the victim volunteer join the company of the accused or the accused person had never forced the victim for intercourse in that case the bail should be given to the accused person even the matter is relating to the Pocso, such as in this case also the victim volunteer had the physical relation or she had sufficient knowledge and capacity to know full import of what she was doing and thereafter joined the company of the accused person.

Where the girl acted to her own free will, in that case the accused person is liable for the getting the bail. 

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