Sanjeev Dhruv Varma @ Bunty v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2928 OF 2019 Sanjeev Dhruv Varma @ Bunty ...Applicant
Versus
The State of Maharashtra
...Respondent
...
Ms. Sandhy Mailagir i/by Mr. Anil D. Joshi, Advocate for the Applicant.
Ms. J.S. Lohakare, A.P.P. for the Respondent-State. Mr. Chavanke, P.S.I. Crime Branch.
...
CORAM : SANDEEP. K. SHINDE, J.
DATE : 09 th JANUARY, 2020.
P.C.
Heard.
1.
It is an application under Section 439 of the Code of Criminal Procedure, 1973 in Crime No. 198 of 2015 registered with Wagale Estate Police Station for the alleged offences punishable under Sections 363, 323 366, 376 (2)(i), 370(4), 344, 506 r/w 34 of the Indian Penal Code, 1860 (IPC for short) along with "
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Sections 4 and 12 of the Protection of Children from 1/5
Sexual Offences Act, 2012 (POCSO for short) along "
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with sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act, 1956 (PITA for short).
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2.
In the present case, the victims father had '
reported the case of kidnapping of his daughter against some unknown persons. In the investigation, the statement of victim, which was recorded on 08.07.2017 under Section 164 of Cr.P.C. disclosed that she had a love affair with one Pravin Mishra with whom, she had gotten married on 24.09.2015.
3.
It further appears from the statements that one lady Muskan alias Radhika, who was the wife of victims uncle, had detained the victim in her house '
and forced her into prostitution. The victim further disclosed that Muskan alias Radhika had compelled her to keep physical relations with different persons for consideration. One of such persons was the present applicant namely Bunty and another person ny the name of Pravin Mishra. As such, the applicant, Pravin 2/5
Mishra and Radhika are the accused in this crime. 4.
It is to be noted that the other accused Radhika and Pravin Mishra were released on bail in September 2017 and March 2017 respectively while the applicant has been in custody since 06.07.2017. Furthermore, the gravity of the role attributed to the applicant is much less than the role attributed to Muskan alias Radhika and Pravin Mishra, who were released on the bail, which is attributed to the applicant.
5.
The investigation in this case is over and charge-sheet has been filed. In my view, since the trial is not likely to commence and conclude within reasonable period and in absence of any criminal antecedents, the applicant is directed to be released on bail on the following conditions.
O R D E R
(i) Learned APP submits the applicant is an 3/5
ordinary resident of Uttarpradesh and therefore he may be release on furnishing P.R. Bond for the sum of Rs.25,000/- with local surety in the like sum;
(ii) The applicant shall furnish particulars of his residential address as well as permanent address and contact number deatils to the investigating officer within seven days from his release on bail;
(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
6.
The application is allowed in the aforesaid terms and disposed off.
7.
It is made clear that observations made hereinabove be construed as an expression of opinion only for the purpose of granting bail and the same shall 4/5
not in any way influence the trial in other proceedings.
8.
All concerned to act on the authenticated copy of this order.
(SANDEEP. K. SHINDE, J.) 5/5