Mumbai, April 29, 2022 – The Additional Sessions Judge Sonali P. Agarwal granted bail to Sarojkumar Shankarshan Nayak, accused in a molestation case registered at Bandra Police Station. The court cited the lack of criminal antecedents and the young age of the accused as reasons for granting bail.
Nayak was arrested in connection with Crime No. 519/2022, registered under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code1 (IPC).
According to the prosecution, the complainant was sitting in a rickshaw when Nayak suddenly touched and pressed her breast. Her friend followed and apprehended Nayak, leading to the filing of the FIR.
Nayak, through his advocate R.B. Mungekar, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that the complainant and her friends were under the influence of alcohol and behaving indecently. He claimed that when he looked at them, they shouted at him, escalating the situation. He further contended that only Section 354(A) (sexual harassment) of the IPC could be applied in his case.
The prosecution, represented by Additional Public Prosecutor (APP) Meera Choudhary-Bhosale, opposed the bail, reiterating the allegations of molestation.
Judge Agarwal, after hearing both sides, rejected Nayak’s contention that only Section 354(A) was applicable, stating that the prosecution’s allegations indicated a more severe offense under Section 354. However, the court noted the following:
- Nayak had no criminal antecedents.
- Nayak was 22 years old.
- Nayak was a resident of Mumbai.
“Prosecution has alleged that accused touched and pressed breast of informant. Therefore, at this juncture there appears no substance in the contention of learned counsel for accused that only section 354(A) of IPC is applicable. It appears, there are no criminal antecedents of accused brought on record. Accused is 22 years old. It appears, accused is resident of Mumbai. Considering the allegations and circumstances against accused it appears, there are no reasonable grounds to keep accused behind the bar. Hence, it will be proper to release him on bail on some conditions.” Said Judge Agarwal.
Consequently, the court granted Nayak bail, ordering him to furnish a personal bond and surety bond of Rs. 15,000 with one or more sureties of the same amount. The court also imposed the following conditions:
- Nayak must not threaten or cause injury to the complainant.
- Nayak must not tamper with prosecution evidence.
- Nayak must cooperate with the police investigation.
- Nayak must attend the concerned police station as and when required by the investigating officer.
- Nayak must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
- Nayak must furnish his mobile number, phone number, and all addresses to the investigating officer and inform the investigating officer of any changes.
“Accused viz. Mr. Sarojkumar Shankarshan Nayak be released on bail on his furnishing PB and SB of Rs.15,000/- (Rupees Fifteen Thousand only), with one or more surety/sureties in the like amount, in C.R.No.519/2022 for the offence punishable under Section 354 of IPC registered with Bandra Police Station on the following conditions: (i) Accused is directed not to threaten or cause injury to informant. (ii) Accused is directed not to tamper with prosecution evidence. (iii) Accused shall co-operate with the investigation of Police. (iv) Accused is directed to attend concerned Police Station as and when required by Investigating Officer. (v) Accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer. (vi) Accused shall furnish his mobile number, phone number & his all addresses including permanent, temporary and postal to the Investigating Officer and in case of change or discontinue with the mobile numbers provided to Investigating Officer will inform new mobile number to Investigating Officer till the conclusion of the trial. Investigating Officer to submit such addresses and phone and mobile numbers to the Court.” Judge Agarwal ordered.
The order was dictated, transcribed, and signed on April 29, 2022, and uploaded on April 30, 2022, as certified by stenographer Subhash Sukhdeo Poul.
This ruling highlights the judiciary’s approach in considering the lack of criminal antecedents and the age of the accused when deciding bail applications in molestation cases. It also underscores the court’s effort to balance the rights of the accused with the need to ensure the safety of the complainant and the integrity of the investigation.