Thane Sessions Court Grants Bail to 28-Year-Old Accused in Child Molestation Case Despite Delay in Filing Complaint | Representational Image
Thane: The Sessions Court has granted bail to a 28-year-old Thane-based designer, Roger Fernandes (name changed), who was arrested by Khar Police Station in February for allegedly touching his eight-year-old niece inappropriately under the guise of playing hide and seek with her.
While granting bail, the court noted that there was a 60-day delay in the victim’s mother registering a complaint against the accused. The court also observed that since the investigation is complete and as there are no prior criminal records against Fernandes, he was granted bail on a personal bond of ₹15,000.
The court’s order maintained, “Upon perusal of the FIR, it appears that the incident took place on 01/12/2024, while the FIR was lodged on 09/02/2025. There is a significant delay of 60 days in filing the complaint. The accused was arrested on 09/02/2025 and has been in jail since then. The investigation is almost complete, with only the charge sheet remaining to be filed. There are no criminal antecedents against the accused, and nothing needs to be recovered from him. The accused is a relative of the complainant, and therefore, he can be released on bail under certain conditions. Hence, I find it just and proper to grant bail.”
Advocate Heena Mistry, who represented Fernandes, said, “Just as fair and speedy justice is the right of a complainant, equal treatment should also be given to the accused until he is proven guilty. In this matter, the long delay in reporting the case and the given circumstances ensured justice for the accused.”
According to the prosecution, the victim’s mother lodged a complaint at Khar Police Station, stating that her husband’s sister lived in Bandra, where they would visit frequently. On December 1, 2024, they attended a birthday party at her sister-in-law’s house, accompanied by their eight-year-old daughter. The accused, a relative, was also present at the party, engaging in conversation and singing songs.
During the party, the accused played hide and seek with the victim and allegedly tried to keep her close to him. Between 6:15 PM and 6:30 PM, the complainant went to the washroom. At that moment, her daughter rushed towards her, visibly distressed, and told her that the accused was chasing her. She stated that she ran towards the staircase, but the accused caught her and touched her inappropriately.
Fernandes, however, defended and argued that the 60-day delay in filing the FIR suggested that the case is a fake and fabricated. He claimed that the entire case stemmed from family disputes, and the allegations were merely an attempt to misuse criminal law to harass him and ruin his career.
