Badshah Rashid Khan v. The State Of Maharashtra

2-ABA-1459-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1459 OF 2016 Badshah Rashid Khan ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Ms. Anjali Patil, Advocate for the Applicant. Smt. J.S.Lohokare , APP for the Respondent/State. ....

CORAM :

N.W.SAMBRE, J.

DATED :

7th December, 2016.

P.C.

The applicant is seeking pre-arrest bail in Crime No.353 of 2016 for the offence punishable under Sections 370(3) of IPC, Sections 4,5,7(1)(B) of Immoral Traffic (Prevention) Act, 1956 and under Sections 4, 8, 18 of Protection of Children from Sexual Offences, 2012. Bail is objected on the ground that POCSO provisions are invoked having regard to the outcome of ossification test. It is brought to my notice that victim girls are already married and their birth certificates are already on record. There are no criminal antecedents. Hence, the applicant shall be released on executing PR Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. He shall not tamper with the prosecution evidence and/or influence the prosecution witnesses. If the Shivgan 1/2

2-ABA-1459-2016 applicant is found to be involved in similar type of offences, prosecution is at liberty to move for cancellation of bail. The application stands disposed of, as allowed. (N.W.SAMBRE, J.) Shivgan 2/2