Mumbai: Despite receiving bail in an alleged sexual offense case, a 19-year-old Chembur resident remains behind bars, as he has no one to fulfill the bail conditions and secure his release. The Sessions Court had granted him bail in January on a cash surety of ₹15,000.
Advocate Prathamesh Gaikwad, who represented him pro bono through the NGO Dard Se Hamdard Tak, said, “I appeared on behalf of the accused and helped him secure bail, but he has no one to assist him in depositing the bail amount and completing the necessary formalities for his release.”
The accused was arrested by Tilak Nagar Police Station under Sections 354-D and 506 of the Indian Penal Code, 1860, and Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He allegedly sexually assaulted the victim under the guise of friendship. When the victim’s mother discovered the facts of the case, she filed a complaint against him.
However, in his defense, Advocate Gaikwad claimed that the accused and the victim were in a consensual relationship. He argued that the victim herself used to call the accused. In support of his claim, he submitted mobile screenshots showing their conversations and joint photographs as evidence, and he requested the court to grant bail.
While hearing the bail application, the court observed, “It is worth considering that the accused is 19 years old, whereas the victim is 16 years and 5 months old. There are specific allegations that the accused tried to contact the victim through phone calls. Besides this, there are no other allegations against him. The investigation is completed. As for the investigating officer’s statement, it does not mention any pending recovery or discovery related to the accused. Additionally, there is no mention of any criminal antecedents. No fruitful purpose will be served by keeping the applicant behind bars.”
