Mujahid @ Mujju S/O Mehboob Qureshi v. The State Of Maharashtra And ANR

1 Cr.Apln. 1467.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1467 OF 2015 Mujahid @ Mujju s/o Mehboob Qureshi .... APPLICANTS V E R S U S The State of Maharashtra & Anr. .... RESPONDENTS .............................

Mr. H.I.Pathan, Advocate for Applicant.

Mrs. V.A.Shinde, A.P.P. for R - 1 State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 13th APRIL, 2015 .............................

PER COURT :

1.

This is an application for anticipatory bail since the applicant is apprehending his arrest in connection with Crime No. 13/2015 for the offences punishable u/s 376 (2) (I) (J), 506 read with 34 of the Indian Penal Code and u/s 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 registered with Police Station Purna, district Parbhani.

2.

Heard Mr. H.I.Pathan,learned counsel for the applicant and Mrs. V.A.Shinde, learned A.P.P. for respondent No. 1 - State.

2 Cr.Apln. 1467.2015 3.

In the F.I.R., specific allegations of committing sexual atrocity on the prosecutrix is against one Baba Qureshi. There is no dispute that the present applicant is not Baba Qureshi. The nature of allegations against present applicant is that he along with others tried to make attempt. F.I.R. does not reveal that the present applicant touched any part of the body of the prosecutrix. In that view of the matter, present Criminal application needs to be allowed.

4.

Hence, I pass the following order.

(i) The present Criminal Application is allowed.

(ii) In the event of his arrest, in connection with Crime No. 13/2015 for the offences punishable u/s 376 (2) (I) (J), 506 read with 34 of the Indian Penal Code and u/s 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 registered with Police Station Purna, district Parbhani, applicant Mujahid @ Mujju s/o Mehboob Qureshi be released on anticipatory bail on he executing P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety in like amount.

(iii) The applicant shall not intimidate the prosecutrix.

(iv) The applicant shall attend Police Station

3 Cr.Apln. 1467.2015 Purna, district Parbhani once a week preferably on Sunday between 10.00 a.m. and 11.00 a.m. till the charge sheet is filed.

(v) With these observations, present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1467.2015