YOGESH BHARAT DONGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned APP for the State and learned counsel for the respondent no.2.

(2.) This is an application for bail in respect of the offence punishable under Ss. 354, 354-A, 354-D of the Indian Penal Code (hereafter ' IPC ' for short) read with Ss. 4 , 8, 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short) registered on 5/8/2022 vide C.R. No.516/2022 with Khed Police Station, Pune. Thereafter, Ss. 376(2)(J), 376(3), 506 and 341 of the IPC were added.

(3.) The applicant was arrested on 5/8/2022 and is in custody for more than one year. At the relevant time, the applicant was 23 years old and the victim was 16 1/2 years of age. There is one prior First Information Report (FIR) of the year 2002 lodged by the victim on 6/2/2020 under Ss. 354-D, 506 of the IPC read with Sec. 12 of the POCSO Act. It is thereafter alleged that sometime in August 2021, the applicant was known to the victim, had physical relations with the victim. Since the applicant was showing photographs of the victim and the applicant to his friends, the victim stopped talking to the applicant. It is alleged that on the date of the incident i.e. 23/7/2022, the applicant stopped the victim and asked as to why she was not talking to him. It is alleged that the applicant held her hand and said that he wants to speak with the victim for five months. The victim's cousin brother informed the parents about the incident whereafter the FIR was lodged.