ATHAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 36 of 2020 registered with Vedant Nagar Police Station, Aurangabad City, District Aurangabad for the offence punishable under Section 354-A of IPC and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short,'POCSO Act'). His application with similar prayer bearing Bail Petition No. 706 of 2020 came to be rejected by the Additional Sessions Judge, Aurangabad vide order dated 02.06.2020.

(2.) Learned senior counsel appearing for the applicant submits that investigation is over and the charge sheet has been submitted. The applicant is in jail in connection with the present crime since 09.03.2020. Learned senior counsel submits that the applicant is the natural father of the informant. Learned senior counsel submits that though the allegations made in the complaint are accepted as it is, at the most the ingredients of Section 11 of the POCSO Act stand attracted and in terms of the provisions of Section 12, the punishment for sexual harassment is not more than three years. Learned senior counsel submits that even in terms of the provisions of Section 8, the punishment for sexual assault does not exceed five years. Learned counsel submits that the applicant is ready to abide the conditions, including the condition as to stay away from the Aurangabad city till disposal of the case. Learned counsel submits that as per the defence of the applicant, there are in fact serious ideological differences with the wife who had instigated her only daughter to lodge the complaint. There is an inordinate delay in lodging the complaint. The complaint is afterthought with some ulterior motive. The applicant may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that the victim is 18 years of age and she is matured enough. It is unlikely on the part of the victim to lodge a false complaint at the behest of her mother. Learned APP submits that there are allegations to the effect that the applicant used to touch the victim with sexual intent and even on one occasion, the applicant had shown a pornographic video to the victim on his mobile. Learned APP submits that in the given set of allegations, the applicant is not entitled to be released on bail.