Salman Yunus Shaikh v. The State Of Maharashtra And Others

2024:BHC-AUG:29306 ABA 1596/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 ANTICIPATORY BAIL APPLICATION NO. 1596 OF 2024 SALMAN YUNUS SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Shermale K. N.

APP for Respondents 1 & 2 : Mr. P.K. Lakhotiya Advocate for assisting APP : Ms. Karishma S. Sarin ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : December 12, 2024 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned APP for the respondents/State and Ms. Karishma S. Sarin, learned advocate assisting APP.

2.

The applicant is apprehending arrest in connection with Crime No. 517/2024 dated 12.6.2024 registered with Sangamner City Police Station, District Ahmednagar for the offences punishable under sections 354, 354-A, 354-D of I.P.C. and sections 8 and 12 of Protection of Children From Sexual Offences Act.

3.

Allegations made against the applicant in the F.I.R. are that on 12.6.2024 at about 7.00 p.m. when complainant was washing utensiles outside her house, the applicant came there, caught her hand and told complainant to marry with him otherwise he would make her photos viral and then left the place. It is not stated in the complaint whether the applicant is in possession of offensive photographs of the complainant. 4.

This Court vide order dated 24.9.2024 has granted interim protection to the applicant on certain conditions. The learned counsel for the applicant

ABA 1596/24 submits that he has cooperated with the investigation and has surrendered his mobile phone before the police. In view of the same, I hold that the custodial interrogation of the applicant is not required in this Crime. 5.

In view of the above, the application is allowed and the interim protection granted by this Court on 24.9.2024 is confirmed on the following terms :

i] The applicant shall attend the police station as and when required.

ii) Till further order, the applicant shall not visit the place where the complainant is residing.

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

6.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7.

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.

8.

The application stands disposed of.

9.

Fees of Rs.10,000/- (Rupees ten thousand) be paid to Ms. Karishma S. Sarin, learned advocate appointed for complainant by the Secretary, High Court Legal Services Sub-Committee, Aurangabad. ( ARUN R. PEDNEKER, J. ) ssc/