Mayank Vaishnav v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8498 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused in Crime.No.170 of 2023 on the file of Shahinayathgunj Police Station, Hyderabad, registered for the offences under Sections 376 (2) (n) and 506 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The de-facto complainant is the mother of the victim girl. It is alleged that on 20.07.2023, the victim girl went missing, for which reason, the next day i.e., on 21.07.2023, complaint was filed. On 24.07.2023, the victim girl came back and on the next day i.e., 25.07.2023, both the victim girl and her mother who is the de-facto complainant went to the Police Station and lodged a complaint.

4.

According to the statement of the victim girl, the petitioner had taken her from Hyderabad to Ujjain and from there to Mumbai and from there, they came back to Hyderabad. During this period, the petitioner had sexual intercourse with the victim girl at Hyderabad in his residence at Banjara Hills and also in Indore. 5.

Learned counsel appearing for the petitioner would submit that even according to the complaint, she had travelled along with the petitioner to four different places. The said travel would only be possible if the relation between them is consensual. She cannot be forced to travel by air and stay in a hotel. The copies of hotel receipts and flight tickets are also filed.

6.

As seen from the remand report, the victim girl is major and working in a Company. Keeping in view that she has gone to four different places with the petitioner, this Court deems it appropriate to grant the relief of regular bail to the petitioner subject to following conditions:

i) The petitioner/Accused shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

ii) The petitioner/Accused after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday and Wednesday for a period of eight weeks or till the charge sheet is filed, whichever is earlier.

iii) The petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 11.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8498 OF 2023 Dt.04.09.2023 dv