← Library
Bombay High CourtABA/2857/2019allowed

Tripti Kaur D/O Manjeet Singh v. The State Of Maharashtra

2021-10-20Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by MEGHA S PARAB Date:

2021.10.22 14:09:21 +0530 ANTICIPATORY BAIL APPLICATION NO.2857 OF 2019 MEGHA S PARAB Ms Tripti Kaur ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Prashant G. Pandey with Ms Manpreet Putiani for the Applicant. Mr. S.V. Gavand, APP for Respondent-State.

Mr. S.D. Shinde, PSI, Sahar police station, present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th OCTOBER, 2021.

P.C.:- This is an application under Section 438 of the Code of Criminal Procedure, 1973 fled by the aforesaid Applicant apprehending her arrest in Crime No.136 of 2017 dated 09/05/2017 registered with Sahar Police Station for ofences punishable under Sections 201, 370, 419, 420, 465, 468 and 471 r/w. 34 and 120B of the IPC. 2.

Heard learned counsel for the Applicant and learned APP for the Respondent-State. Perused the records and considered the submissions advanced by learned counsel for the respective parties. 3.

Case of the prosecution is that from July-2015 to May-2015 co-accused Manjeet Singh Gurumukh Singh, father of the Applicant 1/3

misused copy of the passport of the Applicant to send some girls to Canada. Father of the Applicant was tried for the same ofence in the Court at Canada and he was convicted and after undergoing sentence, he was deported to India. Subsequently crime was registered against him for the same ofences in India. It is stated that the main accused i.e. father of the Applicant has been released on bail. 4.

The only allegation against the Applicant is that the copy of her passport has been used by her father for sending some girls to Canada. Prima facie there is no material on record to indicate that she was involved in the said conspiracy. Considering the nature of allegations against the Applicant, this Court (Coram: V.G. Bisht, J.) by order dated 30/12/2019 granted interim protection to the Applicant. Learned APP states that the Applicant has complied with the conditions of the interim bail and has co-operated with the investigation. Learned APP further states that charge sheet has been fled. The Applicant has not violated any of the conditions of the interim bail. 5.

Considering the above facts and particularly the nature of the accusations, in my considered view this is a ft case for grant of prearrest bail. Hence, the application is allowed on following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No. 2/3

136 of 2017 registered with Sahar Police Station, she shall be enlarged on bail on furnishing PR bonds in the sum of Rs.20,000/- with one or two sureties to the like amount;

(ii) The Applicant shall report to the Investigating OfÏcer as and when called for;

(iii) The Applicant shall not interfere with the witnesses or tamper with the evidence in any manner;

(iv) The Applicant shall keep the Investigating OfÏcer informed of her current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time.

6.

Application stands disposed of accordingly.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3