Aslam Sattar Qureshi v. The State Of Maharashtra And Others

2024:BHC-AUG:27269

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 ANTICIPATORY BAIL APPLICATION NO. 1267 OF 2024 ASLAM SATTAR QURESHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondent/State: Mrs. M. L. Sangit Advocate for Respondent No.3 :

Mr. Anand Dale (Appointed) ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21.11.2024 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0243 of 2024, registered at Osmanabad (City) Police Station, District Osmanabad, for the offences punishable under Sections 376, 376(2)(n), 323, 504, 506 of IPC and Sections 3, 4, 21 of the POCSO Act.

3] The allegation against the application is that he has not permitted the informant to lodge the FIR towards the exploitation of the daughter of the informant. It appears

from the record that the informant so also the co-accused are both employees of the applicant herein. There is no direct allegation. The charge-sheet in the matter is filed and in the chargesheet the offences under Section 504, 506 of IPC and 21 of POCSO Act are registered against the applicant. The applicant submits that he would not enter the village for a period of six months.

4] The applicant was protected by this court by order dated 25.07.2024. The investigation in the matter is completed. As such, the interim protection granted by this court on 25.07.2024 is confirmed on the following conditions:

i] In the event the applicant is arrested in connection with Crime No.0243 of 2024, registered at Osmanabad (City) Police Station, District Osmanabad, for the offences punishable under Sections 376, 376(2)(n), 323, 504, 506 of IPC and Sections 3, 4, 21 of the POCSO Act, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall not enter the jurisdiction of the village Vadgaon Shivar, Taluka and District Dharashiv for a period of six (06) months.

iii] The applicant shall attend the police station as and when required by the Investigating Officer. iv] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

v] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

5] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The learned counsel appointed by this court shall be paid fees of Rs.10,000/- by the High Court Legal Service Sub-committee, Aurangabad.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe