Dilip S/O Atmaram Porwal v. State Of Mah, Thr P.So. P.S. Khadan, Akola

1 ba492.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 492 of 2019 Dilip Porwal Vs.

State Through P.S. Khadan Dist. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.K.J. Ananandani, Advocate for applicant.

Mr.V.P. Maldhure, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 17, 2019 The applicant herein is seeking bail in connection with FIR dated 16/01/2018, registered against him and other accused persons initially for offences punishable under Section 363 of the Indian Penal Code and later, upon investigation, offences under Sections 366, 366-A, 368, 370, 370(A), 376, 765, 471, 120-B of the Indian Penal Code and Sections 3, 4, 5(l) and 6 of the Protection of Children From Sexual Offences Act, 2012.

2.

The thrust of the allegation against the accused persons, including the applicant herein is that he was instrumental in purchasing the victim, who is a minor girl from one of the co-accused person. The material on record indicates that it was the applicant, who was actively involved in purchase of the victim

2 ba492.19.odt girl and that she was married to his brother-in-law, also a co-accused in the matter.

3.

Although, it is submitted on behalf of the applicant that the role attributed to the applicant is not clear, in view of the material on record, particularly the statements of witnesses appended to the chargesheet and the nature of allegations made in the context of sale and purchase of minor victim, this Court is of the opinion that the present application cannot be granted, more so when some of the accused persons are still absconding.

5.

In view of the above, the present application is dismissed.

JUDGE MP Deshpande