Gudiya Sony Rajbhar v. State Of Maharashtra

2023:BHC-AS:24149

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.201 OF 2023 GUDIYA SONY RAJBHAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Niranjan Bhavake i/b Bhavake and Associates for the Applicant.

Mr. P. H. Gaikwad, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 24, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 363, 308 read with 34 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.10 of 2018 with Thane Nagar Police Station. 3.

The First Information Report is dated 14/01/2018. The maximum punishment for the offence punishable under the aforesaid Sections is 7 years. The applicant has undergone 5 years and 7 months of pretrial incarceration. The case against the applicant is that she had stolen the child of one 1/3

Mohini Bhovar and had fled away. Learned APP opposed the application.

4.

The charge sheet is filed and investigation is complete. Considering the long incarceration of the applicant coupled with the fact that the applicant is a woman, I am inclined to enlarge the applicant on bail. Hence, the following conditions:

O R D E R

(a) The applicant- Gudiya Sony Rajbhar in connection with C.R. No. 10 of 2018 registered with Thane Nagar Police Station, shall be released on bail on her furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

(b) The applicant is permitted to furnish provisional cash bail security in the sum of Rs.15,000/-, for a period of six weeks, in lieu of surety.

(c) The applicant shall attend the trial regularly.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any 2/3

person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. 5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3