ABHISHEK RAMESH THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in both these applications are seeking bail in connection with C.R. No. 207 of 2019 registered with Narayangaon Police Station, Dist: Pune (Rural) for offences punishable under Sections 384, 386, 504 & 506, r/w Section 34 of Indian Penal Code (for short ' IPC ') and Sections 16 & 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). The applicant in Bail Application No. 368 of 2020 was arrested on 4 th July, 2019 where as the applicant in Bail Application 261 of 2020 was arrested 7th August, 2019.

(2.) The prosecution case is that prior to 1 1/2 months, the complainant and victim namely Yash Yevle were having liquor at Priti Bar and Restaurant. The Applicant alongwith co-accused visited the said Bar. It is further alleged that after having dinner at about 11.00 p.m. the complainant was about to leave, the co-accused Pavan Thorat asked the complainant to accompany him as he had some work with the complainant, hence, the complainant accompanied accused Pavan Thorat on his motor cycle, whereas, the applicant, victim and co-accused accompanied on the other motor cycle. It is further alleged that the complainant was taken at Lauiki Mountain at village Lauiki and at that time the complainant was forced to removes his clothes by co-accused Pavan Thorat. Victim was forced to remove his clothes. It is further alleged that thereafter, the complainant was made to sleep over the body of the victim Yash Yevle and co-accused Umesh Thorat allegedly took photographs of the complainant and victim.

(3.) Learned counsel for the applicants submitted that the complaint is false. There is no evidence of photographs being clicked by the accused. It is further submitted that no offence under the provision of POCSO Act are made out against the applicant. The victim child has lodged in FIR against the informant in the present case with Manchar Police Station vide C.R. No. 331 of 2019 for offences punishable under Sections 377 & 506 of IPC and Sections 4 , 6 , 8 of 12 of POCSO Act.