Bombay HC Grants Bail To Man Accused Of Outraging Modesty Of Step-Daughter, Notes Over 3 Years Spent In Jail Without Trial

Mumbai: The Bombay High Court has granted bail to a man accused of outraging the modesty of his stepdaughter, observing that he has already spent over three years in custody—more than half the maximum sentence prescribed for the alleged offence.

Justice Amit Borkar, in an order passed on July 11, noted that the applicant, step-father, was arrested on June 22, 2022, following an FIR registered by Samta Nagar police under IPC and Protection of Children from Sexual Offences (POCSO) Act.

According to the prosecution, the 35-year-old victim’s mother, who works as a domestic help, learned of the incident from neighbours upon returning home from work. The neighbours informed her that the applicant, her second husband, had allegedly outraged the modesty of her daughter. The victim was taken to the police station by third parties before her mother arrived.

Advocate Mohammad Usmani, appearing for the applicant, argued that there were contradictions in the victim’s and witnesses’ statements and emphasized that the applicant had already undergone over three years of incarceration. He also submitted an undertaking, dated May 2, 2024, stating that the applicant would not reside near the victim or contact her.

Additional public prosecutor Sagar Agarkar opposed the bail citing the serious nature of the offence, the Court held, “At this stage, the Court is not expected to go into a detailed appreciation of the evidence or the credibility of witnesses, which is a matter for trial.”

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The Court granted bail on a personal bond of Rs 25,000, with strict conditions including non-contact with the victim or her family, non-residence in the same locality, cooperation during the trial, and a prohibition on tampering with evidence or committing any offence while out on bail.