Babar Jabbar Khan v. State Of Maharashtra

48-BA-3230-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3230 OF 2022 WITH INTERIM APPLICATION NO. 4463 OF 2022 Babar Jabbar Khan ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Manoj Mohite, Senior Advocate alongwith Mr. Vaibhav Jathar, Mr. Vivek Salunke and Mr. Shubham Budhvant for the Applicant. Mr. S.S. Hulke, APP for the State.

Mr. Saleel Borwandkar for the Intervenor.

.........

CORAM : N.R. BORKAR, J.

DATED : 9 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 221 of 2022 registered at Khadak Police Station, for the offences punishable under Sections 354, 504 of Indian Penal Code and Sections 8, 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

I have heard the learned Senior Counsel for the applicant, the learned APP for the State and the learned Counsel for the intervenor. Kanchan P Dhuri 1 / 2

48-BA-3230-2022.odt 4.

The learned Counsel for the intervenor/victim has tendered an Affidavit. The same is taken on record and marked 'X' for the purpose of identification. The victim has stated that she has no objection if the applicant is released on bail.

5.

The allegations are of sexual harassment at workplace. The applicant is in jail for about six months. Considering the overall facts and circumstances of the case, I am inclined to release the present applicant on bail on certain conditions. Hence, the following order is passed : (i) Application is allowed.

(ii) The applicant - Babar Jabbar Khan be released on bail in Crime No. 221 of 2022 registered at Khadak Police Station, for the offences punishable under Sections 354, 504 of Indian Penal Code and Sections 8, 12 of the Protection of Children from Sexual Offences Act, 2012 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall not enter into the limits of Ambegaon, Tal. Haveli, District - Pune till conclusion of trial. (iv) The applicant shall not attend his duties and shall stay away from the Star Air Conditioning Company at Ghorpadi, Pune where the victim is working till conclusion of trial.

(v) The interim application for intervention does not survive and the same is disposed of.

by KANCHAN PRASHANT DHURI Date: 2023.01.30 10:57:02 +0530 KANCHAN PRASHANT DHURI ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2