Amandeepsing Taranjeetsingh Shinde v. The State Of Maharashtra And Another
2025:BHC-AUG:17973
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 941 BAIL APPLICATION NO. 842 OF 2025 Amandeepsing Taranjeetsingh Shinde
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Kadam Vikram S APP for Respondents-State: Mr. S. K. Shirse Advocate for Respondent No.2 : Mr. Jitendra S. Jain( Appointed ) ...
CORAM : ARUN R. PEDNEKER, J.
Dated : July 11, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned appointed Counsel for respondent No.2. 2.
The applicant is seeking bail as he was arrested in connection with FIR No.1119/2024, registered with Nanded Rural Police Station, District Nanded, for the offences punishable under sections 137(2), 64(2)(i)m) of Bharatiya Nyaya Sanhita, 2023, read with Section 4 and 6 of Protection of Children from Sexual offences, Act, 2012.
3.
The father of the victim lodged a complaint on 01/12/2024, stating that his daughter, aged 17 years and 3 months, had been missing since 30/11/2024. He suspected that an unknown person had instigated her to run away with him.
4.
During the course of investigation, the victim was traced in the company of the applicant at Nagpur. Her statement was recorded, and based on the contents, an offence under the Protection of Children from Sexual 1 of
Offences (POCSO) Act was registered against the applicant. 5.
The investigation has since been completed, and the chargesheet is filed. The statement of the victim under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was recorded, wherein she stated that she travelled with the applicant by train to Nagpur. They stayed at a hotel from 01/12/2024 to 06/12/2024, during which period they engaged in physical relations. She further stated that the applicant did not allow her to contact her parents. Subsequently, the police located them and brought them to the police station.
6.
Considering the victim's statement, the fact that she is near the age of majority, and that the investigation is completed and chargesheet is filed, it appears prima facie that the victim voluntarily travelled with the applicant. There is no indication of threat, coercion, or ongoing influence. 7.
In light of the above circumstances and the completion of the investigation, this Court is of the view that no further custodial interrogation is necessary. Therefore, the applicant is granted bail, subject to appropriate conditions.
8.
In view of the above, the application is allowed in the following terms: - 2 of
a] The applicant shall be released on bail in connection with FIR No.1119/2024, registered with Nanded Rural Police Station, District Nanded, for the offences punishable under sections 137(2), 64(2) (i)m) of Bharatiya Nyaya Sanhita, 2023, read with Section 4 and 6 of Protection of Children from Sexual offences, Act, 2012, on furnishing PR bond of Rs.25000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.
c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court. d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.
e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 9.
Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.
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10.
Fees of the appointed advocate is quantified at Rs.10,000/- (in words rupees ten thousand only), to be paid by High Court Legal Services SubCommittee, Aurangabad. 11.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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