Seema Jayabahadur Gurang v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1461 OF 2019 Seema Jayabahadur Gurang .. Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr. I.S. Thakkar a/w Mr. Arjun Singh i/b Global Juris Consults for the Applicant.

Mr. Y.Y. Dabke, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 31ST JULY, 2021 (Through Video Conferencing) P.C.

1.

The Applicant apprehending arrest in connection with investigation of Crime No. I-352 of 2018 of police station Bhiwandi City under Section 366-A, 376, 370-A, 370(2)(3)(4), 372 read with Section 34 of IPC and Section 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and under Section 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is seeking anticipatory bail.

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2.

The allegation is so far as the Applicant is concerned, is that she had procured the minor, who is the survivor and induced her into flesh trade.

3.

I have heard the learned Counsel for the Applicant and the learned APP. The record discloses that interim protection was refused to the Applicant on 09.07.2019 and thus, since more than 2 years, the Applicant is without any protection. According to the Applicant, the name of the Applicant does not figure in the FIR inasmuch as the FIR only mentions one Seema aunty. 4.

The learned APP states that in the statement under Section 164 of Cr.P.C. of the Survivor, the name of the Applicant figures. 5.

I have perused the statement made by the Survivor under Section 164 of Cr.P.C. Prima facie it appears that the said statement also refers to one Seema without full name. The learned APP points out that the investigation is complete and the chargesheet is filed. 6.

Considering the over all circumstances, the following order is passed:

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ORDER

i) In the event of arrest, in connection with the investigation of Crime No. I-352 of 2018 registered with Bhiwandi City Police Station, the applicant shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall not directly or indirectly make any attempt to contact the survivor or the witnesses and shall not otherwise tamper with the prosecution evidence. iii) In the event of breach of any of the conditions, the bail is liable to be cancelled.

C.V. BHADANG, J.

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