ALOK KUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for regular bail in connection with the FIR bearing No.11191048221244 of 2022 registered with Sarkhej Police Station, Ahmedabad Navasari for the offences punishable under Ss. 354 and 354(A) of the Indian Penal Code and under Ss. 7 , 8 , 9(F) and 10 etc. of the POCSO Act.

(2.) As per the FIR registered by mother of one of the victim, she has stated that she has two daughters and elder daughter is studying in standard 10 and is going to take tuition at the residence of the applicant. On 1/12/2022, when she was sitting with her husband, the daughter came to them and said that henceforth, she would not go to attend the tuition at the residence of the applicant as he is touching the parts of her body inappropriately and left the room. The next day, the victim girl told her mother that since last one year she was being called for tuition on Sunday by present applicant and by asking to sit on the sofa on the drawing room present applicant used to touch her breast inappropriately and therefore, she would not like to go to tuition at the residence of present applicant and accordingly, the complainant stopped sending her to tuition. As the first informant came to know about the aforesaid fact, she was told by her victim daughter that one another girl, who is also going for tuition at the residence of present applicant and studying in standard 9 and residing in the same society, has also experienced similar inappropriate touches from present applicant and therefore, the complainant approached the mother of another girl and inform her about the complaint made by her daughter. Upon inquiry, it was found that another victim girl was also experienced the similar treatment from present applicant and accordingly, they decided to file a police complaint and ultimately, the FIR was lodged by the complainant alleging the inappropriate touch on the breast and other parts of the body of the victim students studying in Standard 9 and 10 aged about 14 and 16 years respectively by present applicant.

(3.) Learned Senior Advocate Mr.B.B.Naik assisted by learned advocate Mr. Aditya Gundecha for the applicant submitted that in view of language of Ss. 10 and 9(F) of the POCSO Act, as the same would not be applicable to the facts of present case. The above referred Sec. are not applicable as present applicant is not running any educational institution nor he can be said to be staff of the educational institution and as those Sec. are in respect of educational institution and therefore, in view of that, present applicant is required to be enlarged on bail. He further submitted that considering the fact that present applicant was running a tuition class in his residential flat where he is residing along with his old aged mother and wife, the incident alleged was not at all possible for the reason that it was alleged that the offence had taken place in the same flat where he was residing with his old aged mother and wife. He further submitted that present applicant is only bread winner of his family, he may be enlarged on bail.