Kaveri Raj Das v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1345 OF 2019 Kaveri Raj Das ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.M.R.Pisat, for the Applicant.

Mr.A.A.Palkar, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 7th AUGUST, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks her enlargement on bail in connection with C.R.No.184 of 2017, registered with the Wagle Estate Police Station, Thane, for the alleged offences punishable under Sections 361, 363, 365, 367, 368, 370, 372 of the Indian Penal Code and under Sections 75 and 81 of the Juvenile Justice (Care and Protection of Children) Act.

3.

Perused the papers. According to the prosecution, original

2/3 accused No.5 - Mangal Supekar with the help of the applicant stepped out to sell the illegitimate child of Mangal Supekar to accused Nos.1 and 2 i.e. Rakhi and Harjindar, for a sum of Rs.1,35,000/-. Before the child was sold, police intercepted and the accused were arrested. It is informed that the child is in the Child Care Institute. As far as the applicant is concerned, the allegation as against her is that she allegedly helped the accused No.5 - Mangal Supekar to sell her child to accused Nos.1 and 2. According to the learned counsel for the applicant, since the child was an illegitimate child, Mangal Supekar was to give her child in adoption and not for sale. The applicant has no antecedents. The applicant is in custody since September, 2017. Investigation is complete and charge-sheet is filed. 4.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount; ii) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with

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iii) The Applicant shall inform her latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing; iv) The Applicant shall co-operate in the conduct of the trial and shall attend the trial Court on every date of hearing, unless exempted by the trial Court.

5.

The Application is allowed and disposed of in above terms. 6.

It is made clear, that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made herein. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.