Saurabh @ Shrikumar S/O Sureshchandra Asawa And ANR v. The State Of Maharashtra

criap6767.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6767 OF 2015 Saurabh @ Shrikumar Sureshchandra Asawa & anr.

..APPLICANTS

VERSUS

The State of Maharashtra ..RESPONDENT Mr Mahesh V. Ghatge, Advocate for applicants; Mr S.J. Salgare, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 5th January, 2016 ORDER :

By the present application under section 439 of the Code of Criminal Procedure, the applicants are seeking their enlargement on bail, in connection with C.R. No.316 of 2015, registered with Nanded (Rural) Police Station, for offences punishable under sections 363 and 366-A read with sec. 34 of the Indian Penal Code.

2.

It is the case of the prosecution that the applicants have taken away two minor daughters of the complainant with false promise. 3.

While trying to make out a case for grant of bail, learned Counsel appearing on behalf of the applicants, would urge that the complainant is their tenant, who has committed default in payment of rent since last four months. It is only with an intention to help the complainant, the applicants

criap6767.15 (2) were trying to provide some help and good job to the daughters, so as to lessen the financial burden of the complainant, however, the same has resulted into registration of the crime in question. According to him, the applicants are falsely implicated.

4.

Learned Addl. Public Prosecutor has opposed the application on the ground that the investigation in the matter is at preliminary stage. 5.

Perused the investigation papers. There are witnesses to the incident, who have not supported the case of the complainant. 6.

Apart from above, having regard to the stage at which the investigation has reached, in my opinion, further detention of the applicants is not necessary. Thus, the application succeeds. I pass following order :- The applicants be released on bail, in connection with C.R. No.316 of 2015, registered with Nanded (Rural) Police Station, for offences punishable under sections 363 and 366-A read with sec. 34 of the Indian Penal Code, on each of them furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

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