Chanveer Tukaram Babugol v. The State Of Maharashtra And Another

2024:BHC-AUG:5644 {1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1331 OF 2023 Chanveer Tukaram Babugol APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Dhiraj R. Jethliya, Advocate for the applicant Mr. A. R. Kale, APP for respondent - State Ms. Sangita A.Sambre, Advocate for respondent No.2 (appointed) .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th MARCH, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 183 of 2023 registered with Murun Police Station, District - Osmanabad for offence punishable under section 363, 376 (2) (f) (n) of the Indian Penal code and under sections 4 and 6 of the Protection of Children From Sexual Offences Act.

2.

FIR is lodged on 4th May, 2023, alleging that minor daughter of informant, aged 16 years, who was taking education, went to attend marriage of one relative at village Varnalwadi along with her mother and paternal aunt. By stating that she wants to answer nature's call, she went away from the marriage pendal and could not be traced thereafter. Then informant

{2} realized hat applicant was repeatedly making rounds of his house and hence he suspected that applicant must have abducted his minor daughter.

3.

Heard learned advocate for applicant, learned APP for the State and learned advocate for informant. Perused the papers of investigation.

4.

Charge sheet in the present crime is filed on 5th October, 2023 and the case is numbered as Special Case (Sessions) No. 29 of 2023.

5.

Applicant was granted interim protection and he has cooperated in the investigation. Motorcycle allegedly used in the crime, as well as cellphone of applicant are seized by the Investigating Officer.

6.

Learned advocate for informant submits that applicant is still pursuing the victim.

7.

Learned advocate for applicant submits that applicant is doing labour work at village Beradwadi and informant and his family is staying at village Murum, Taluka - Omerga, which is at a distance from village Beradwadi.

8.

Considering the fact that charge sheet is filed in the

{3} present crime, pre-trial custodial detention of applicant is not necessary. Hence, the application is allowed by confirming interim protection.

9.

Applicant shall attend the concerned police station on every Sunday between 10.00 a.m. and 12.00 noon for a period of two months from today.

10.

Learned advocate appointed for respondent No.2 shall be paid fees as per schedule, within four weeks. [NITIN B. SURYAWANSHI] JUDGE drp/aba1331-23.doc