Akhtarhussain S Kaladagi v. The State Of Maharashtra

jsn BA No.1973_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1973 OF 2015 Akhtarhussain S. Kaladagi ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Rafique A. Shaikh, Adv. for the applicant. Mr. D.P. Adsul, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 27 th January, 2016.

P.C. :

1.

This is an application for bail filed by the aforesaid applicant who is facing trial in Special Sessions Case No.253 of 2014. The case of the prosecution is that the applicant herein had sexually abused his minor daughters. The FIR was lodged by the wife of the applicant pursuant to which the aforestated crime came to be registered. The applicant was arrested on 26th June, 2014. Upon completion of investigation chargesheet was filed and and the case has been committed to the Special Court, Pune. The applicant had filed an application for bail before the Additional Sessions Judge, Pune and the same has been dismissed vide order dated 5th August, 2015. Hence the present application.

2.

Mr. Shaikh, the learned counsel for the applicant submits that the applicant has been falsely implicated to grab the property of his mother. He has submitted that after the arrest of the applicant the

jsn BA No.1973_2015 complainant had thrown his mother out of the house and grabbed her property.

3.

Mr. Adsul, the learned APP for the State has submitted that the material on record prima facie reveals that the applicant is involved in sexual abusing his minor daughters. The offence is of serious nature and hence the applicant is not entitled for bail. 4.

I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. The statements of the minor daughters of the complainant prima facie reveal that the applicant had sexually abused them. The allegations levelled against the applicant are grave and serious. The gravity of the offence would itself not justify grant of bail. Furthermore the victims are the minor daughters of the applicant. Releasing the applicant on bail can hamper the trail.

5.

Under the circumstances and in view of discussion supra, the applicant is not entitled for bail.

6.

Hence the application is dismissed.

( ANUJA PRABHUDESSAI, J. )