Konya Dhedya Vasave And Another v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1471 OF 2022 1.

Konya S/o Dhedya Vasave Age : 56 years, Occu. : Agri.

2.

Kaushalya W/o Konya Vasave Age : 51 years, Occu. : HH.

R/o. Anthipada, Tq. Nawapur, Dist. Nandurbar .. Applicants

Versus

The State of Maharashtra Through Police Inspector .. Respondent Mr. B. R. Waramaa, Advocate for the Applicants. Mr. A. S. Shinde, APP for Respondent/State.

CORAM :

KISHORE C. SANT, J.

(VACATION COURT) DATED : 02nd NOVEMBER, 2022.

P. C. :- 1.

Heard learned advocate for the applicants.

2.

Learned advocate for the applicants points out that the First Information Report is lodged on 01.10.2022 about the incident that took place on 14.06.022. Thus, he submits that there is delay of three and half months in lodging the FIR. He further submits that the present applicants are parents of main accused No. 1 who had

2 905-ABA 1471-22.odt established relations with daughter of the informant. The allegation appears against them is only that when informant had been to the accused persons on coming to know about the physical relations between accused No. 1 and the deceased daughter of the informant, they replied arrogantly and asked him to forget whatever has happened. It is further alleged by saying that they even threatened the informant of consequences. There is no allegation that these applicants have helped accused No. 1 in establishing relations with the deceased daughter of the informant as such no role is attributed to them amounting to abetment to commit an offence punishable under the Protection of Children from Sexual Offences Act. 3.

Learned APP opposed the application stating that the offence is serious. The victim was a minor girl. On the contrary, it appears that they have threatened the informant. Further allegation is that these applicants alongwith others have tried to give threats to the informant and thus, they have even tried to pressurize the witnesses. 4.

Considering the above submissions and considering that there is delay of three and half months and there is no sufficient reason assigned for such delay, it is found that a proper case is made out for grant of anticipatory bail with some conditions. Hence, the following order.

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ORDER

(I) The applicants shall be released on bail in the event of their arrest in connection with FIR registered with Visarwadi Police Station dated 01.10.2022 bearing FIR No. 343/2022 on executing P.R. bond and solvent surety in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only) each.

(II) The applicants shall attend the Police Station every day for two hours as per the timing suitable to I. O. till filing of the charge-sheet and shall not tamper with the evidence and shall not try to contact any of the witnesses.

5.

With these observations, the anticipatory bail application is disposed off.

( KISHORE C. SANT, J. ) VACATION COURT P.S.B.