Shahnawaz Azim Khan v. The State Of Maharashtra

Sknair 25-ba-2705-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2705 OF 2018 Shahnawaz Azim Khan ... Applicant Vs.

State of Maharashtra ... Respondent ...

Mr. A. Karim Pathan I/by Mr. Kalam Shaikh for the applicant. Ms. A.A. Takalkar, APP for the Respondent-State. Mr. Vijay G. Jadhav, Andheri Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd JANUARY, 2019.

P.C.

1.

This is an application for bail registered with Andheri Police Station vide CR No. 197 of 2018 for the offence punishable under Sections 376, 354 & 363 of Indian Penal Code read with Sections, 4, 8 & 12 of POCSO Act.

2.

The First Information Report was lodged by the father of the victim. On 10th April, 2018 offence was registered under Section 363 of Indian Penal Code against the unknown person. Victim was traced. Her statement was recorded on 26th April, 2018 and 23rd May, 2018.

3.

On perusal of the statement of the victim, it appears that she was acquainted with the applicant and they were in love with each other. It is apparent that victim had visited several places with the

Sknair 25-ba-2705-18.odt applicant. There was physical relationship between them. Applicant was aged about 19 years and victim was aged about 17 years at the time of incident. Investigation is completed and chargesheet has been filed.

4.

Considering the aforesaid circumstances, the relationship between the applicant and complainant is consensual, the case for grant of bail is made out. Hence, I pass the following order.

ORDER

i.

Criminal Bail Application is allowed;

ii.

Applicant is directed to be released on bail in connection with C.R. No. 197 of 2018 registered with Andheri Police Station on furnishing P.R Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii.

Applicant is permitted to furnish cash security in the sum of Rs.25,000/- for a period of six weeks;

iv.

Applicant shall report to the concerned Police Station once in a month on first Saturday of every month between 11 a.m. to 1 p.m. till further order;

v.

Criminal Bail Application stands disposed off. ( PRAKASH D. NAIK, J. )