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    J 2020 SCC Online Bom 778

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    Banty Das
    1) The applicant, Manish R. Mishra, sought bail in a case where he was accused of rape under Section 376(2)(n) of the Indian Penal Code read with Section 6 of the POCSO Act. 2) The victim was 17 years and 8 months old at the time of the incident and stated to the medical officer that she had sexual contact voluntarily with the applicant multiple times. 3) The court observed that at 17 years old, the victim had the mental capacity to understand the nature and consequences of her actions. The court granted bail to the applicant with conditions.

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    J 2020 SCC Online Bom 778

    Uploaded by

    Banty Das
    12 views2 pages
    1) The applicant, Manish R. Mishra, sought bail in a case where he was accused of rape under Section 376(2)(n) of the Indian Penal Code read with Section 6 of the POCSO Act. 2) The victim was 17 years and 8 months old at the time of the incident and stated to the medical officer that she had sexual contact voluntarily with the applicant multiple times. 3) The court observed that at 17 years old, the victim had the mental capacity to understand the nature and consequences of her actions. The court granted bail to the applicant with conditions.

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    j 2020 Scc Online Bom 778

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    1) The applicant, Manish R. Mishra, sought bail in a case where he was accused of rape under Section 376(2)(n) of the Indian Penal Code read with Section 6 of the POCSO Act. 2) The victim was 17 years and 8 months old at the time of the incident and stated to the medical officer that she had sexual contact voluntarily with the applicant multiple times. 3) The court observed that at 17 years old, the victim had the mental capacity to understand the nature and consequences of her actions. The court granted bail to the applicant with conditions.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    12 views2 pages

    J 2020 SCC Online Bom 778

    Uploaded by

    Banty Das
    1) The applicant, Manish R. Mishra, sought bail in a case where he was accused of rape under Section 376(2)(n) of the Indian Penal Code read with Section 6 of the POCSO Act. 2) The victim was 17 years and 8 months old at the time of the incident and stated to the medical officer that she had sexual contact voluntarily with the applicant multiple times. 3) The court observed that at 17 years old, the victim had the mental capacity to understand the nature and consequences of her actions. The court granted bail to the applicant with conditions.

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    of 2

    SCC Online Web Edition, Copyright © 2021

    Page 1 Tuesday, September 14, 2021


    Printed For: Shubhangi Khandelwal, SCC Online MyLOFT Remote Access
    SCC Online Web Edition: http://www.scconline.com

    -----------------------------------------------------------------------------------------------------------------------------------------------------------
    -

    Bail Application No. 3626 of 2019

    Manish R. Mishra v. State of Maharashtra

    2020 SCC OnLine Bom 778

    In the High Court of Bombay


    (BEFORE SANDEEP K. SHINDE, J.)

    Manish R. Mishra … Applicant;


    Versus
    State of Maharashtra … Respondent.
    Bail Application No. 3626 of 2019
    Decided on July 13, 2020
    Advocates who appeared in this case :
    Mr. Mahesh Rajpopat, Advocate for the applicant.
    Mr. S.R. Agarkar, APP for the State-respondent.
    P.C.
    SANDEEP K. SHINDE, J.:— Heard learned Counsel for the applicant and learned APP
    for State.
    2. It is an application under Section 439 of Criminal Procedure Code, 1973.
    Applicant is seeking enlargement on bail in Crime No. 503/2018 registered with Malad
    Police Station for the alleged offences punishable under Section 376(2)(n) of the Penal
    Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act
    (POCSO Act for short). Applicant came to be arrested on 27th September, 2018. Victim
    at the relevant time was 17 years and 8 months old, a student, studying in Prakash
    College in Kandivali. Investigation is over and the chargesheet has been filed. I have
    perused the final report and in particular, the statement of victim dated 26th
    September, 2018 and report of the Medical Officer of the same date. In the narration
    to the Medical Officer, victim told that she had sexual contact for multiple times with
    the applicant voluntarily. It appears that, she did not disclose the incident of alleged
    sexual assault till her pregnancy was detected on 24th September, 2018. Though
    victim has alleged that, applicant had promised to marry her and therefore she had
    succumbed to his desires, it may be stated that efforts were made by this Court to
    settle the marriage of victim with the applicant. On 21st February, 2020 when victim
    was interviewed, she flatly denied to marry the applicant.
    3. Be that as it may, as on the date of the incident, survivor was 17 years and 8
    years old, a college going student. In these circumstances, it would be unreasonable
    to hold that, victim did not possess mental capacity to actively understand the
    nature/circumstances and consequences of the act as to which she had consented. Her
    statement to Medical Officer also reinforces the fact that she was in love with the
    applicant and voluntarily submitted to the physical desires of the applicant.
    4. In view of the facts of the case, the application is allowed and the applicant is
    directed to be released on bail on the following conditions:
    (i) The applicant is directed to be released on bail on furnishing P.R. bond in the
    sum of Rs. 30,000/- (Rs. Thirty Thousand only) with one or more local surety in
    the like amount in view of the fact that, applicant is a resident of the State of
    Bihar.
    (ii) In view of the prevailing Pandemic Covid-19, applicant is directed to be released
    on cash bail of equivalent amount.
    SCC Online Web Edition, Copyright © 2021
    Page 2 Tuesday, September 14, 2021
    Printed For: Shubhangi Khandelwal, SCC Online MyLOFT Remote Access
    SCC Online Web Edition: http://www.scconline.com

    -----------------------------------------------------------------------------------------------------------------------------------------------------------
    -

    (iii) It is made clear that, cash bail arrangement is for short period of three months
    from today, and the applicant shall furnish the surety as directed, within three
    months.
    (v) The applicant shall furnish details of his present residence and of native place
    including the contact numbers to the Investigating Officer within seven days
    from his release from jail.
    (vi) The applicant shall not tamper with the evidence or attempt to influence or
    contact the complainant, witnesses or any person concerned with the case.
    (vii) He shall attend concerned police station as and when called and cooperate in
    the investigation.
    (viii) Application is allowed and disposed off in aforesaid terms.
    5. It is made clear that observations made hereinabove be construed as expression
    of opinion only for the purpose of granting bail and the same shall not in any way
    influence the trial in other proceedings.
    ———
    Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
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    or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
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    authenticity of this text must be verified from the original source.

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