Asha Sitaram Mahajan v. The State Of Maharashtra
1 /3 FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 343 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Umesh Breed for the Applicant.
Smt. R.M.Gadhvi, APP. for the State.
CORAM : A.S.GADKARI, J.
DATE :
18th August, 2016 P.C.
The applicant is seeking bail in CR No.I-314/2015 dated 15.10.2015 registered with Shivaji Nagar Police Station, Ambarnath, District Thane under Section 363, 366, 366(A) and 372 read with 34 of the I.P.C.
2.
It is the case of the prosecution that the applicant along with other co accused removed the victim/ minor girl from the lawful guardianship of her guardians and took her to Gujarat with a view to perform her marriage with some person from Gujarat. The role attributed to the applicant is that after the co-accused took the victim girl from Ambarnath to Gujarat the said victim girl was kept with the applicant at her residence. That the present applicant thereafter tried to perform the marriage of the victim girl with some person from Gujarat. However, after the brother of the victim girl lodged complaint with the police, the accused persons brought her back to Ambarnath and thereafter she was directed to go to Shivaji
2 /3 Nagar Police Station, Ambarnath and accordingly the victim girl was found in the police station.
3. The role attributed to the present applicant as stated herein above that the victim girl was brought by other accused persons at the residence of the applicant and she was staying there for some period. That, the applicant thereafter tried to perform the marriage of the victim girl with some persons at Gujarat. The applicant is arrested on 20.11.2015 and since then she is in Jail.
4. Apart from the statement of the victim girl and witness stating that the victim girl is seen in company of the applicant, prima facie, it appears that there is no other evidence on record. 5.
The learned APP. submitted that there are no antecedents against the applicant. He further submitted that police have submitted the charge sheet. In view of the above, I am inclined to release the applicant on bail. Hence, the following order. a) The applicant be released on bail in CR NO.I-314/15 registered with Shivaji Nagar Police Station, Ambarnath, District Thane on his furnishing PR bond of of Rs.25,000/- with one or two solvent local sureties in the like amount.
b) After release from Jail, during the pendency of the trial the applicant shall attend the Shivaji Nagar Police Station once in three months on every first Monday between 11.00 a.m. to 2.00p.m.
c) The applicant shall not contact the victim girl, the first informant Shri. Ganesh P. Ghadge or any other witness in the present crime.
3 /3 d) Breach of any of the conditions will attract the provisions for cancellation of bail.
e) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)