1 BA-1084.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1084 OF 2011 Narendra Ramnitlal Mehta .... Applicant Vs. The State of Maharashtra .... Respondent Shri Kiran Kandpile for the Applicant. Ms S.D. Shinde, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 23, 2011 P.C: This is an application for bail by a donor of an institution which used to house mentally retarded, deaf and dumb girls. The applicant is alleged to have been going to the institution and fondling these girls in an indecent manner. The learned counsel for the applicant states that the applicant has been charge-sheeted only for the offence punishable under Section 354 of the IPC, which is bailable. He submits that the applicant is in jail for the last five months and therefore he may be admitted to bail. The learned APP submits that further investigation in this case is still in progress and the I.O. has already 2 BA-1084.11 sought to invoke charges under Sections 372 and 373 of the IPC. The learned counsel for the applicant submits that these sections are not at all attracted to the allegations made against the applicant, since the applicant cannot be shown to have obtained possession of any person for any unlawful or immoral purpose. Now the question as to whether by giving donation the applicant was having access to the girls or having possession or not will have to be seen at the trial. The learned counsel for the applicant also submits that one of the co- accused, who was a trustee of the institution, has been bailed out because this Court observed that her role was rather passive. Thereafter, another application of another co-accused had come up before me. In my view, in an offence of this nature where helpless girls are victimised, passivity of any one, including even a stranger, would amount to an offence. Therefore, no case for grant of bail is made out. The application is rejected. (R.C. CHAVAN, J.)