Sarika Bapu Sonawane v. State Of Maharashtra

Dusane BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2024.01.18 16:33:38 +0530 CRIMINAL BAIL APPLICATION NO. 244 OF 2024 Sarika Bapu Sonawane ...Applicants

Versus

The State of Maharashtra

...Respondent

______________________________________________________________ Mr. S. P. Dighe for Applicant Ms. Anamika Malhotra, APP for the Respondent-State. Mr. K. N. Adke, PSI, Nasik City Police Station, present ______________________________________________________________

CORAM:

MADHAV J. JAMDAR, J.

DATE:

18th JANUARY 2024 P.C.

1.

Heard Mr. Dighe, learned Counsel appearing for the Applicant and Ms. Malhotra, learned APP appearing for the Respondent-State.

2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:

1.

C.R. No.

2.

Date of Registration of F.I.R. 05/12/2023 3.

Name of Police Station Nashik Road Police Station.

4.

Sections Applied 420, 465, 468 and 471 of I.P.C., 5.

Date of Incident 05/12/2023

6.

Date of Arrest 18/12/2023 7.

Date of fling Charge-sheet Not fled 3.

As per the prosecution case, there is an earlier C.R. registered against the Applicant at Gangapur Police Station, Nashik bearing C.R. No. 280 of 2023 punishable under Sections 384, 388, 389, 506 read with 34 of the Indian Penal Code, 1860 and 66-C, 66-E, 67, 67-A of the Information Technology Act, 2000. Admittedly, in the said crime, the Applicant has been released on bail by Order dated 29th November 2023 passed by the learned Additional Chief Judicial Magistrate, Nashik. While conducting her search in said C.R. No. 280 of 2023, the Police personnel of Bhadrakali Police Station, Nashik City found an identity card in the name of the Applicant as "Taluka Agriculture Offcer" issued by Divisional Joint Director, Nashik Division, Nashik. In fact the Applicant is an Agriculture Assistant. Therefore, it is the prosecution case that a forged identify card is in possession of the Applicant.

4.

It is the submission of Mr. Dighe, learned Counsel appearing for the Applicant that the said alleged forged identity card has not been used and that no monetary or undue beneft has been derived.

5.

Ms. Malhotra, learned APP states that although Charge-

sheet is not fled, the investigation is almost completed. Learned APP also states that during the investigation, it has not been found that the said forged identity card has been used by the Applicant.

6.

Thus the investigation has been completed and Chargesheet will be fled shortly. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. 7.

The Applicant does not appear to be at risk of fight. 8.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. Hence, the following order:-

O R D E R

(a) The Applicant-Sarika Bapu Sonawane be released on bail in connection with C.R. No. 582 of 2023, registered with Nashik Road Police Station, TalukaNashik , District-Nashik on her furnishing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish her cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case there is any change.

(c) The Applicant shall report to the Nashik Road Police Station, District-Nashik on frst Sunday of every

month, between 11.00 a.m. and 1.00 p.m. till the conclusion of trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the evidence and shall not contact or infuence the complainant or any witnesses in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender her passport, if any, to the Investigating Offcer.

9.

The Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]