“This is a serious case where three accused sexually assaulted minor boys. The material shows the applicant’s active involvement. No case is made out for grant of bail either on merits or under Section 436A CrPC.”
Bombay High Court dismissed a second regular bail application filed by Nilesh Suryakant Netake, accused in a deeply disturbing case involving gang rape and aggravated sexual assault of two minor boys aged 12 and 14. The Court, citing the gravity of the offence and the applicant’s direct involvement, refused to extend bail despite over three and a half years of pre-trial incarceration.
The application, filed under Section 439 CrPC, was strongly opposed by the prosecution and the victims’ representative. Justice Madhav J. Jamdar, while considering the plea, observed that the accusations “are not only serious and heinous, but supported by direct evidence including victim testimonies, medical records, and video footage.”
The defence sought relief under Section 436A of the CrPC, arguing that the applicant had already undergone more than half of the maximum prescribed sentence. But the Court dismissed the plea, stating, “Given the nature of the charges – aggravated penetrative sexual assault and gang rape under POCSO – the threshold under Section 436A is not satisfied.”
Though the applicant had been incarcerated since December 2021, and the trial had yet to progress meaningfully, the Court held that prolonged detention alone could not outweigh the gravity of the charges. “When the minimum punishment is 20 years, and the offence is punishable up to life imprisonment or even death, Section 436A CrPC cannot be mechanically invoked,” the judge clarified.
