'Prima Facie No Sexual Intention': Bombay High Court Grants Pre-Arrest Bail To Auto Driver Who Held 17-Yr-Old's Hand

A single judge bench of the Bombay High Court at Nagpur comprising Justice Bharathi Dangre has recently granted pre-arrest bail to an auto driver while observing that prima facie there was no sexual intention when he held the hand of the victim.

The high court was hearing a plea filed by an auto-rickshaw driver who was booked under IPC for stalking a 17-year-old. The father of the victim had filed a complaint against the applicant.

It was alleged that the accused used to reside in the nearby vicinity and therefore, he was acquainted with the victim girl. For some time, the victim traveled in his auto rikshaw to her college and tuition. However, she discontinued after some time.

The complaint further stated that the applicant used to follow the victim despite strong protests and on 01.11.2022, he persuaded her to ride on his motorcycle, and when she refused, he held her hand and told her that he liked her and he would drop her home, but the victim resisted the attempt and rushed away from the spot.

The court said that prima facie there was no sexual intention of the applicant.

"From the accusation that are levelled, it can be seen that prima facie there is no case of any sexual harassment as it is not the case of the prosecution that the applicant hold her hand with any sexual intent. Assuming for a moment that he has expressed his liking for her, since there is no sexual intent indicated from the statement of the victim girl. Prima-facie the applicant deserve protection from arrest, as for no purpose his custody is required," court said.

The court warned the applicant not to indulge in similar activities while holding that no custody was required as the chargesheet had also been filed.

Case Title: Dhanraj Babusingh Rathod vs State of Maharashtra