Ramesh Siddheshwar Chalekar v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2728 OF 2021 Ramesh Siddheshwar Chalekar ...Applicant MEGHA SHREEDHAR PARAB
Versus
MEGHA SHREEDHAR PARAB Date: 2023.07.27 18:01:03 +0530 The State of Maharashtra and Anr.
...Respondents
...
Ms Manisha Deokar for the Applicant in ABA/2728/2021 Mr. Ganesh Bhujbal, Appointed Advocate for Respondent No.2. Mr. S.H. Yadav, APP for Respondent No.1-State. CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED: 24th JULY, 2023.
P. C. :- 1.
The Applicant apprehends his arrest in Crime No.1218 of 2021 registered with Sangola Police Station, Solapur, for the offences punishable under Sections 143, 147, 148, 324,354-A, 354-D, 452 and 506 r/w 149 of the IPC., Sections 67, 67A and 67B of the Information Technology Act and Section 12 of the Protection of Children from Sexual Offences Act, 2012.
2.
Heard Ms Manisha Deokar, learned counsel for the Applicant, Mr. Ganesh Bhujbal, learned counsel for Respondent No.2 and Mr. S.H. Yadav, learned APP for the Respondent -State. I have 1/4
perused the records and considered the submissions advanced by the learned counsel for the respective parties.
3.
The FIR prima facie reveals that the co-accused had sent some whatsapp messages expressing his love to the minor daughter of the First Informant. It is alleged that subsequently the co-accused coerced her in sending her photographs on whatsapp in semi nude state while bathing. It is alleged that the co-accused Sanjay, who was working for the First Informant had scanned the whatsapp code from the mobile of the victim girl and that he had access to the messages, videos and photographs sent by the victim girl to the co-accused. It is alleged that the co-accused-Sanjay forwarded these photographs to Sanket Alsundkar, who prepared a video and circulated it on social media. It is alleged that on 18/09/2021 at about 8.00 p.m. Sanket Alsundkar and several others including the Applicant herein went to the house of the First Informant and assaulted them. 4.
The material on record does not prima facie indicate that the Applicant herein was involved in circulating the obscene photographs. The only allegation against him is that on 18/09/2021 he had gone to the house of the First Informant and assaulted them. 2/4
The records reveal that the injuries sustained by the First Informant and the family members were simple in nature. Cross complaint is also filed by Nana Alsundkar against the First Informant and family members.
5.
Considering the nature of the accusations this Court by order dated 04/11/2021 had granted interim protection to the Applicant. It is stated that the Applicant has reported to the Investigating Officer and he has been interrogated. No case is made out for custodial interrogation.
6.
Under the circumstances, the application is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No.1218 of 2021 registered with Sangola Police Station, Solapur, he is ordered to be released on bail on executing PR bonds in the sum of Rs.25,000/- with one or two sureties to the like amount.
(ii) The Applicant shall report to the Investigating 3/4
Officer as and when required by the Investigating Officer for the purpose of investigation;
(iii) The Applicant shall not interfere with the First Informant, victim and the other witnesses and shall not tamper with the prosecution evidence in any manner;
(iv) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time.
7.
The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.) 4/4