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School Bus Driver Granted Anticipatory Bail After UTI Misdiagnosis in Alleged Sexual Assault Case

Desk_dcn by Desk_dcn
January 31, 2025
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School Bus Driver Granted Anticipatory Bail After UTI Misdiagnosis in Alleged Sexual Assault Case
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Special Correspondent

Pune: The Bombay High Court has granted anticipatory bail to a 25-year-old school bus driver, Yash Sandip Konde, who was accused of sexually assaulting a six-year-old girl. The bail was granted after the child’s father clarified that the complaint was a result of a “misunderstanding,” as the girl was diagnosed with a urinary tract infection (UTI).

The First Information Report (FIR) was filed in February 2024 at Rajgad Police Station under Pune Rural Police jurisdiction. Konde was charged under the Protection of Children from Sexual Offences (POCSO) Act and rape provisions under the Indian Penal Code (IPC).

Father’s Statement and Medical Diagnosis
The father of the minor stated that the pain his daughter experienced in her private parts, which prompted the filing of the FIR, was later diagnosed as a UTI. He further confirmed that neither he nor his daughter held any grievance against the accused bus driver.
Konde, represented by Advocates Sudeep Pasbola, Piyush Toshnival, and Aadesh Konde-Deshmukh, had filed anticipatory bail pleas after facing initial rejection from the Sessions Court and High Court.

Prosecution’s Argument and Defense
The additional public prosecutor opposed the bail, highlighting previous dismissals of Konde’s bail applications. Statements from other students confirmed that Konde was driving the bus on the date of the alleged incident. A chargesheet had also been filed in April 2024.

Advocate Pasbola, however, argued that Konde was not driving the bus on the day in question. After reviewing the father’s and child’s statements before the magistrate, the High Court noted the absence of any explicit mention of harassment.
High Court’s Observations
Justice Manish Pitale observed that the allegations against Konde were due to a “misconception.” He noted that medical reports confirmed the girl’s condition as a urinary tract infection, which clarified the misunderstanding. The father’s statement before the magistrate supported this finding.
Given these factors, Justice Pitale concluded that the prosecution would face difficulty proving its case even if the matter went to trial.

Bail Conditions
Konde was granted bail on a bond of Rs 50,000. He was instructed not to tamper with evidence or witnesses.

Tags: (FIRAadesh Konde-Deshmukhaccused of sexually assaultingAdvocates Sudeep PasbolaBeedmurdermisunderstandingPiyush ToshnivalRajgad Police StationThe Bombay High CourtYash Sandip Konde
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