Man accused of sexually abusing his stepdaughters, granted bail by Bombay High Court
Overview
The Bombay High Court granted bail to a person accused of sexually harassing his stepdaughters (one minor, one adult), on the complaint made by his wife.
The applicant/accused had applied for bail in connection with F.I.R dated August 14, 2019, registered with Andheri Police Station, for the offences punishable under Sections 354, 354A of the Indian Penal Code, 1860 and Sections 8, 9(n) and 10 of the Protection of Children From Sexual Offences Act, 2012.
Brief facts of the case:
The complainant (wife of the applicant/accused) stated that after the demise of her first husband, she got married to the applicant/accused in June 2013 and thereafter started residing at his house along with her two daughters, namely Shamika and Toshida (born from her first marriage).
The complainant alleged that due to repeated quarrels and harassment subjected to her by the applicant/accused, she left the matrimonial house in January 2019, and started residing at her mother’s house. The complainant alleged that her younger daughter, namely Toshida, narrated her ordeal of being sexually abused by her step-father, i.e. applicant/accused, which the complainant reported to Bhagwati Mahila Vikas Mandal vide complaint dated February 10, 2019.
Besides this, the complainant had also lodged two complaints with Andheri Police Station under Sections 504 and 506 of the IPC against the applicant/accused, and has also instituted proceedings against the applicant/accused under the Domestic Violence Act, in May, 2019.
The FIR was lodged on August 14, 2019, following which, the applicant was arrested on October 9, 2019 after the investigation in the present case had concluded and the charge-sheet had been filed.
Submissions by the counsel for applicant/accused
Advocate Aniket Nigam was appearing for the applicant/accused, and he argued that the F.I.R in the present case has been filed after a delay of almost six months and sought corroboration to the allegations made by the complainant in the Domestic Violence complaint.
Further, the counsel invited the Court’s attention to a letter addressed by Shamika (elder daughter), to the Senior Inspector of Police, wherein she had alleged that her mother (i.e. complainant) had attempted to push her into prostitution. He, therefore, submitted that the complainant’s version of the story is suspicious, particularly, in view of her elder daughter’s complaint to the police.
Mr. Nigam further submitted that the investigation in the present case, has already been concluded and the trial of the case might take long enough before commencing. He submitted that the Court can impose conditions on the applicant/accused, while granting him bail, in order to secure his presence before the Hon’ble Court. With the following submissions, Mr. Nigam sought bail for his client.
Order of the court
Justice Sandeep K. Shinde, after perusing through the documents and evidences led by the parties, granted bail to the applicant/accused vide order dated 13.07.2020, by making the following observations:-
“7. In my view, a case is made out for releasing the applicant on bail. That even otherwise, an offence punishable under sections 354, 354A and Section 12 of POSCO Act, may extend to 5 and 3 years respectively.
8. In the circumstances, the application is allowed and hence, the following order:
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