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Bombay High CourtAPPLN/4170/2015disposed off

Shila Vaijnath Gaikwad v. The State Of Maharashtra And ANR

2015-08-24Hon'Ble Shri Justice Nitin W. Sambre2 pages

(1) criap4170.15

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4170 OF 2015 Shila Vaijnath Gaikwad ..APPLICANT

VERSUS

The State of Mah. & anr.

..RESPONDENTS Mr S.J. Salunke, Advocate for applicant;

Mrs B.B. Gunjal, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 24th August, 2015 ORAL ORDER :

The applicant - co-accused is a woman, against whom C.R. No.42 of 2015 has been registered with Police Station, Sirsala, District Beed, for offences punishable under sections 363, 366-A read with sec. 34 of the Indian Penal Code and under section 4 of the Protection of Children from Sexual Offences Act, 2012.

2.

The main accused, namely, Anil Gaikwad is already arrested. 3.

From the record the age of the prosecutrix appears to be 15 years. From the contents of the first information report and the statement of the prosecutrix, it appears that she herself volunteered the company of the main accused. The role attributed to the present applicant is that of facilitating the commission of offence. The specific attribution against the applicant, in the statement of the prosecutrix, is about arranging the meeting.

(2) criap4170.15 4.

The applicant herein is a lady, having minor children. From the record, custodial interrogation of the applicant does not appear to be necessary. In view thereof, in my opinion, it will be appropriate to release the applicant on bail, in the event of her arrest. Hence, following order :- Criminal Application stands allowed.

In the event of arrest of the applicant, in connection with C.R. No.42 of 2015, registered with Police Station, Shirsala, District Beed, she be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount, on condition that she shall attend the police station every day, between 10.00 a.m. and 11.00 a.m. initially for fifteen days and thereafter as and when called by the police. (N.W. SAMBRE, J.) amj