Dipak Bhuku Pawar v. The State Of Maharashtra
rpa 1/4 34 ba 412 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.412 OF 2021 Dipak Bhuku Pawar .. Applicant
Versus
State of Maharashtra .. Respondent ......
Mr.Rakesh Bhatkar, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent - State. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
APRIL 7th, 2021.
P.C. :
Applicant is arrested on 5th February, 2020, in connection with C.R.No.37 of 2019, registered with Kankavali Police Station, Sindhudurg, for the ofence punishable under Section 363 of Indian Penal Code ("IPC", for short), which was subsequently converted in Section 366(a), 376 (1) 376(3) of IPC and Sections 4 and 5(i)(ii) of Protection of Children from Sexual Ofences Act ("POCSO Act", for short).
First Information Report ("FIR", for short) was registered initially under Section 363 of IPC alleging that the victim girl who is aged about 15 years was kidnapped. During the
rpa 2/4 34 ba 412 2021.doc course of investigation, it was found that accused nos.1 and 2 and applicant had kidnapped the victim and marriage was performed with co-accused. She gave birth to a female child on 23rd November, 2019. It is alleged that the accused nos.1 and 2 and the applicant inspite of knowing that the victim was a minor, kidnapped her and the marriage was performed with accused no.3.
During the course of investigation, statements of witnesses were recorded. On completing investigation, charge - sheet was fled.
Applicant is uncle of accused no.3. The statement of the victim was recorded under Section 164 of Cr.P.C. she has stated that her mother used to go for work. Her father was sufering from Tuberculosis. Her mother could not look-after her education. She was fed up with illness of her father. She was apprehending that she would get infected with Tuberculosis. She obtained the phone number of accused and informed him to take her along with him for performing marriage with suitable boy. Accused nos. 1 and 2 had treated her properly and on 3rd December, 2018, accused nos.1 and 2 and the applicant took her in a four-wheeler. She resided in the house of the applicant for
rpa 3/4 34 ba 412 2021.doc four days. Her marriage was performed with accused no.3 on 12th December, 2018. Thereafter, she continued to stay with accused no.3. Out of the wedlock, she gave birth to a daughter. She had not disclosed her correct age in hospital.
Considering the factual aspects, the applicant need not be detained further in custody. Investigation is already completed. Charge-sheet has been fled. The only allegation against the applicant is that he was accompanying accused nos.1 and 2, and, thereafter as per the wishes of the victim girl, her marriage was performed with accused no.3.
:: O R D E R ::
(i) Bail Application No.412 of 2021, is allowed;
(ii) Applicant is directed to be released on bail in connection with C.R.No.37 of 2019, registered with Kankavali Police Station, Sindhudurg, on executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount; (iii) Applicant shall report the concerned police station once in three months on frst Saturday of the
rpa 4/4 34 ba 412 2021.doc month between 11:00 a.m. to 01:00 p.m., till further orders;
(iv) Bail Application No.412 of 2021, stands disposed of accordingly.
(PRAKASH D. NAIK, J.)