Bombay High Court: The applicant sought regular bail in a case registered with Malwani Police Station, Mumbai, for the offences punishable under Sections 3071 and 506(2)2 of the Penal Code, 1860; Section 5(j)(1) of the Protection of Children from Sexual Offences Act, 2012; and Section 75 of Juvenile Justice Act, 2015. A Single Judge Bench of Shivkumar Dige, J., noted that the applicant was alleged to have inflicted burn injuries on the private part and thigh of the victim. The Court, after considering the incarceration period of the applicant of more than 4 years and 6 months, directed that the applicant should be enlarged on bail.
The applicant was the aunt of the victim, who was a girl aged 7-year-old. It was stated that the applicant had tied legs and hands of the victim, stuffed handkerchief in her mouth and inflicted burn injuries on her private part with hot steel utensil and hot iron as the victim spent Rs 10 for eating chocolates. It was submitted that on earlier occasions also, the applicant had harassed, ill-treated, and beaten up the victim.
The Court noted that the allegations against the applicant were that she inflicted burn injuries on the private part and thigh of the victim as the victim spent Rs 10 for buying chocolate, which was supposed to be used for buying food articles. The Court noted that the applicant was behind bar for more than 4 years and 6 months, yet there was no progress in the trial, and she was in jail with her 7-year-old daughter.
The Court, after considering the incarceration period of the applicant, opined that her further detention was not required and thus directed that the applicant should be enlarged on bail on executing P.R. Bond of Rs 30,000 with one or two sureties in the like amount.
[Vandana Mahadev Kale v. State of Maharashtra, 2025 SCC OnLine Bom 566, decided on 25-2-2025]
Advocates who appeared in this case :
For the Applicant: Shriganesh S. Sawalkar, Advocate
For the Respondents: Poonam P. Bhosale, for Respondent 1-State; Yugandhara Khanwilkar, Advocate for Respondent 2.
1. Corresponding Section 109 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS, 2023’)
