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Bombay High CourtBA/1569/2015bail granted

Sharda Bansi Sahu v. The State Of Maharashtra And ANR

2015-10-17Hon'Ble Justice Revati Mohite Dere5 pages

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1569 OF 2015 Sharda Bansi Sahu .Applicant v/s.

The State of Maharashtra .Respondent Mr.Aniket U. Nikam, Advocate, for the Applicant Ms Veera Shinde, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

17.10.2015 P.C.

.

Heard learned counsel for the applicant and the learned APP for the respondent - State. 2.

By this application, the applicant seeks his enlargement on bail in connection with C.R.No.243 of 2014 registered with the Faraskhana Police Station, Pune, for the alleged offences punishable under Sections 323, 344, 366, 504, 506 r/w.34 of the Indian Penal Code and under Sections 3, 4, 5, 6 & 7 of the

Prevention of Immoral Trafficking Act.

3.

Learned counsel for the applicant states that the name of the present applicant was not disclosed in the first charge­sheet which was filed in the aforesaid C.R. on 06.04.2015. He submits that the applicant was arrested on 15.05.2015 and the supplementary charge­sheet against him was filed on 15.07.2015. He submits that the only allegation qua the present applicant is that the co­accused Mahesh asked him to take the victim girl to accused Nos.1 & 2, who were brothel owner and manager respectively. He submits that the victim girl has not identified the present applicant as being the person with whom she had gone. He submits that even in the first charge­sheet, the applicant was not named.

4.

Learned APP does not dispute the aforesaid facts.

5.

Perused the papers. It appears that the only allegation qua the present applicant is that he transported the victim girl on the instructions of the co­accused - Mahesh, who is absconding. He took the victim girl to the accused Nos.1 & 2 and dropped her with them i.e. the brothel owner and manager. Investigation is complete and charge­sheet is filed. There are no antecedents qua the present applicant.

6.

Considering the same, the applicant is enlarged on bail on the following terms & conditions:

ORDER

(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 15,000/­ with one or two sureties in the like amount;

(ii) The applicant shall attend the Faras Khana Police Station, Pune on the first Saturday of every month between 10:00 a.m. to 11:00 a.m. till the conclusion of the trial;

(iii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; (iv) The applicant shall inform his 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 Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) The applicant to cooperate with the conduct of the trial;

(vi) The applicant shall file an undertaking with regard to Clause Nos.(ii) to (v) within two weeks of his release;

(vii) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.

7.

The Application is allowed in the aforesaid terms and is accordingly disposed of. 8.

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 in this order.

All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)