Jekab Juja Koli v. The State Of Maharashtra

13-aba-345-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 345 OF 2018 Jekab Jaju Koli vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt. Shabana Sothe for the Applicant.

Mr. Ameet Palkar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 6th June, 2018 P.C.

1.

By a reasoned Order dated 24.2.2018 the applicant was granted interim relief.

2.

Heard the learned counsel for the applicant and the learned APP. for the State. Perused the record. 3.

The first information report is lodged by the wife of the applicant for an incident which took place 30-months prior to the date of the lodgment of the FIR thereby alleging an act as contemplated under Section 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 against their minor daughter, then aged about 10 months. 4.

After perusing the first information report, it prima Page-1/2

13-aba-345-18 facie appears that, the same is an exaggerated version and a far-fetched imagination of the informant. The first informant has also failed to explain the delay of more than 30-months for lodging the present crime. The record further indicates that the first informant had been to Dharavi Police Station on 14.6.2015 for lodging the crime against the applicant under Section 324, 504 and 506 of the Indian penal Code and even at that point of time she has not mentioned the said fact as mentioned in the present crime to the concerned police. It therefore, creates doubt about the bonafide in lodging the present crime subsequently with unexplained delay.

5.

In view of the above, the applicant is entitled to be protected by pre-arrest bail.

The interim relief granted by Order dated 24.2.2018 is hereby confirmed.

6.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-2/2