Soni Harry Dsouza@Vankayatamma v. State Of Maharashtra
2023:BHC-AS:33875
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2815 OF 2023 SONI HARRY DSOUZA @ VANKAYATAMMA ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT --------- None for the Applicant.
Mr. N. B. Patil, APP for the State.
--------- CORAM : M. S. KARNIK, J.
DATE : NOVEMBER 6, 2023 P.C. :
1.
I have heard learned counsel for the applicant on 03.11.2023. The matter was listed on 04.11.2023 to enable learned counsel for the applicant to seek instructions for withdrawal or otherwise when I had expressed my disinclination to grant bail. The order dated 04.11.2023 reads thus :- "1. I have heard the matter in detail yesterday. The time was sought by learned counsel for the applicant to seek instructions for withdrawal or otherwise when I had expressed my disinclination to grant bail.
2. Today none appears for the applicant.
3. Only by way of indulgence, list the application for passing order on 06/11/2023 as first on board."
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2.
There is no appearance on behalf of the applicant even today. The case of the prosecution in brief is that on 22.01.2013, the victim girl aged 7 years old left the house on the pretext of going to school, but she did not return home. A missing complaint was lodged with D. N. Nagar Police Station. The search of the victim was taken but she was not found. On 03.08.2022 at 8.00 p.m. neighbour of the complainant received phone call from one lady who told her that one girl is looking just like the victim. She has shown the victim by making video call. The neighbour has identified the victim as the daughter of the complainant. The lady informed the whereabouts of the victim. The complainant then went to D. N. Nagar Police Station. The victim was found. The victim narrated that on 22.01.
2013 when the victim went to the school, the applicant and the accused on the pretext of giving ice cream to her, forcibly took her to Hajimalang. They resided there for three days. Thereafter, they took her to Goa where they resided for two to three months. Thereafter they came to Vile Parle and took house on rent and resided there for four months.
she was taken to Goa. The victim was admitted in the school for one year in Karnataka. In the year 2015 they came back to Mumbai. From the year 2015 to 2020 the victim was confined in the house. The accused were not allowing the victim to go any where and compelled her to do all the household work. The accused were harassing her physically and mentally. They were beating her. They were compelling her to do the work of babysitting and were taking money earned by her.
3.
Learned counsel for the applicant submitted that the applicant is a woman. It is submitted that the applicant was arrested on 30.09.2022 and is now in custody for more than one year.
4.
Considering the nature of the accusations which are very serious, I am not inclined to enlarge the applicant on bail. The trial is expedited. Liberty to apply after some time. 5.
The application is rejected.
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