Mumbai, Dec 23: A Special Court under the Protection of Children from Sexual Offences (POCSO) Act in Mumbai has granted bail to a 43-year-old man, Rajesh Gawkar, who is accused of allegedly sexually assaulting an eight-year-old girl last year.
The court granted bail on a cash bond of Rs 30,000, citing prolonged delay in the trial due to the non-appearance of the victim and other prosecution witnesses.
No Prosecution Witness Examined Despite Framing Of Charges
While allowing the bail application, the court noted that the accused was arrested on April 2, 2024, and charges were framed against him on December 10, 2024. However, despite the passage of nearly one year, not a single prosecution witness has been examined.
The court observed that repeated adjournments were sought due to the absence of the victim, which resulted in an unreasonable delay in the proceedings.
Repeated Adjournments Cited By Prosecution
Referring to the police report dated February 3, 2025, the court recorded that an adjournment was sought as the victim was admitted to Sion Hospital. Subsequently, by a letter dated August 5, 2025, the prosecution informed the court that the victim and her family were at their native place.
Again, on August 19, 2025, an adjournment was sought due to heavy rainfall, which prevented the recording of the victim’s evidence. The court further noted that despite service of notice, the victim failed to file a reply to the bail application and continued to remain absent, thereby prolonging the trial.
Court Observes Accused Entitled To Bail On Conditions
“In the instant case, the victim has not filed her say on the bail application even after service of notice and is avoiding appearance before the court. Considering these aspects, and by imposing certain terms and conditions, the accused is entitled to be released on bail,” the court observed.
Defence Cites Right To Personal Liberty
The bail application was argued by advocate Shreeram Chindarkar, appearing on behalf of the accused through NGO Dard Se Humdard Tak, which provides pro bono legal assistance to undertrial prisoners.
During the hearing, the defence relied on judicial precedents to contend that prolonged incarceration without progress in trial infringes upon the accused’s right to personal liberty.
Reliance On Judicial Precedents In Similar Cases
Advocate Chindarkar submitted that in a similar case involving an offence under Section 8 of the POCSO Act, bail had been granted where the accused had already spent more than half of the maximum prescribed sentence in custody. While acknowledging that the facts of the present case were different, he argued that continued detention without trial progress was unjustified.
Prosecution’s Version Of Alleged Incident
According to the prosecution, the case dates back to April 2, 2024, when the eight-year-old victim left her home to play in a nearby lane within the jurisdiction of Shahu Nagar police station.
When she did not return home by 4 pm, her family began searching for her. The prosecution alleges that the accused lured the child with a toffee, took her to his house, and sexually assaulted her.
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Bail Order Not To Affect Merits Of Case
The court, however, clarified that the bail was granted solely on procedural grounds arising from the delay in trial and that the observations made in the order would not affect the merits of the case.
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