Vaishali W/O Santosh Parerao v. The State Of Maharashtra

Cri.Appln.6723/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6723 OF 2015 Vaishali w/o Santosh Parerao, Age 28 years, Occu. Housewife, R/o At Post Soygaon, District Aurangabad ..Applicant

Versus

The State of Maharashtra ..Respondent Mr G.P. Shinde, Advocate for applicant Mr S.J. Salgare, A.P.P. for respondent Mr B.R. Warma,Advocate h/f Mrs Ujjawal Agrawal, Advocate assisting the A.P.P.

CORAM : N.W. SAMBRE, J.

DATE : 11th January 2016 PER COURT Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.150/2015, registered at Soygaon Police Station, District Aurangabad, for the offence punishable under Sections 354-D, 306, 452, 109, 506 read with sec.34 of Indian Penal Code and under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3.

The date of incident is claimed to be 22nd November 2015 for which the F.I.R. came to be lodged on 23rd November 2015. 4.

In the F.I.R. allegations are made against the applicant on the hearsay statement of one Shobhabai, wherein Shobhabai has narrated that she has seen present applicant coming out from the place of residence of the victim and the complainant.

Cri.Appln.6723/2015 5.

So far as the applicant is concerned, but for the statement that she was seen in the company of Rajendra Parerao, while leaving the house of the victim/complainant, there is no other evidence on record which attributes any specific role to the applicant. 6.

Apart from above, the applicant is blessed with a small child. 7.

In this background, in my opinion, the custodial interrogation of the applicant is not necessary. As such, applicant is entitled for bail. 8.

In the event of her arrest in Crime No.150/2015, registered at Soygaon Police Station, District Aurangabad, for the offence punishable under Sections 354-D, 306, 452, 109, 506 read with sec.34 of Indian Penal Code and under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012, applicant be released on bail, upon furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand) with one surety in the like amount.

9.

The applicant shall attend the concerned Police Station on 18th and 19th January 2016 between 10.00 a.m. and 12.00 noon and thereafter as and when called by the Investigating Officer. 10.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr