Chandrakant Pandurang Chandanshiv v. The State Of Maharashtra

2024:BHC-AUG:10824 960-BA-753-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 753 OF 2024 CHANDRAKANT PANDURANG CHANDANSHIV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rajendra G. Hange APP for Respondent : Mr. D. J. Patil ...

CORAM : S. G. MEHARE, J.

DATE : 14-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant seeks bail in C.R.No.0009 of 2024 registered with Georai Police Station, Taluka Georai, District Beed, for the offences punishable under Sections 312 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Medical Termination of Pregnancy Act and Sections 3(1), 3(3), 3(A), 6(b), 6(c), 18, 23(1), 23(2) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

3.

The applicant has a case that he had barely rented his house to co-accused Manisha Sanap. He had a written agreement. His house is far away from his house given on rent. Hence, he did not know about the so-called sex determination test. He has a case that he had no knowledge about activities done by co-accused

960-BA-753-24.odt Manisha Sanap. Prosecution has evidence of large number of phone calls between the applicant and co-accused Manisha Sanap. 4.

Learned A.P.P. for the respondents submits that the applicant was also the agent of the Doctor who was performing the illegal sex determination.

5.

Admittedly, the applicant has no antecedents and nothing is recovered from him. Barely having a large number of phone calls may not be sufficient at this juncture to believe that the applicant was involved in the crime and was the agent for the Doctor performing the illegal termination of pregnancy. The investigation has been completed. Hence, the following order :-

ORDER

i) The application is allowed.

ii) Applicant Chandrakant Pandurang Chandanshiv be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not contact co-accused Manisha Sanap or any other person involved in the crime.

(b) He shall co-operate Investigating Officer, if required. (c) He shall attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd