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High Court for State of TelanganaCRLP/9204/2023disposed of no costs

Smt. Salunke Jaya v. The State Of Telangana

2023-09-26K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9204 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 No.4 in Crime.No.220 of 2023 on the file of Nizamabad III Town Police Station, Nizamabad District, registered for the offences under Sections 370(4) of IPC and Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

A fight was going on in between three women and the ASI of Police intervened and found that A-1 was selling the child for which reason, altercation arose, the reason being A-2 and A-3 wanted to purchase the child and advance was also paid. This petitioner is Aasha worker and it is alleged that this petitioner had introduced A-1 to A-2 and A-3.

4.

Learned counsel appearing for the petitioner would submit that she has nothing to do with the sale of the child and it is her duty to inform about the pregnant women to the concerned authorities. However, implication of this petitioner was on account of suspicion which was entertained by ASI. It is mentioned in the complaint that ASI suspected involvement of Aasha worker/A-4. 5.

Since petitioner is in jail since 05.09.2023 and basis for implication is suspicion of ASI and also confession of A-1 to A-3, petitioner can be granted the relief of regular bail, subject to following conditions:

i) The petitioner/Accused No.4 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for a like sum each to the satisfaction of I Additional Judicial Magistrate of First Class, Nizamabad.

ii) The petitioner/Accused No.4 after release shall appear before the concerned Station House Officer as and when required for the purpose of investigation.

iii) The petitioner/Accused No.4 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 26.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9204 OF 2023 Dt.26.09.2023 dv