Bail Denied in Pune POCSO Case Involving Gang Rape of Minors.


05 August 2025 POCSO >> Criminal Law   |   Rape >> Criminal Law  

In a significant ruling of Nilesh Suryakant Netake v/s The State of Maharashtra & Another, the High Court of Judicature at Bombay dismissed a regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973. The applicant, arrested on December 22, 2021, sought bail in connection with a case registered at Haveli Police Station, Pune, for offenses including sexual assault and gang rape of two minor boys, aged 12 and 14.

Arguments and Court Findings:

The applicant's counsel, Mr. Purankar, argued that the accused was "merely present" at the time of the incident and had no significant role. He also contended that the applicant should be granted bail due to long incarceration, as the trial had not yet progressed.
 
 

However, the prosecution, represented by Mr. Haldankar and Ms. Mansukhani, strongly opposed the application. They argued that evidence on record, including a video recording of the incident, showed the applicant's direct and active involvement in the crime. The prosecution highlighted that the applicant not only forcibly brought the victims to the location and coerced them but also physically restrained one of the victims during the assault. The prosecution also raised concerns about the high possibility of witness tampering, as the victims and the accused reside in the same vicinity.

Justice R.I. Chagla, after considering the arguments and evidence, found that a prima facie case existed against the applicant. The court noted that a previous bail application was withdrawn, indicating it was unlikely to succeed on its merits.

Long Incarceration and Speedy Trial:

The court acknowledged the applicant's long period of incarceration but found it insufficient to warrant bail given the extreme gravity of the offenses. The court emphasized the severity of the charges under the Protection of Children from Sexual Offences (POCSO) Act, which carry a minimum punishment of 20 years and can extend to life imprisonment for the remainder of a person's natural life, or even death, in cases of aggravated penetrative sexual assault.

The court referenced the Supreme Court's decision in Vijay Madanlal Chaudhary vs. Union of India, which clarified that relief under Section 436A of the CrPC—relating to the maximum period of detention for undertrials—is not to be granted mechanically.

While dismissing the bail application, the court requested the trial court to make an endeavor to conclude the trial within one year, underscoring the need for a speedy trial in such serious cases involving child victims.


Protection of Children from Sexual Offences Act, 2012  

Section 436., Code of Criminal Procedure - 1973  

Section 439., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973