Satish S/O Devidas Shelotkar v. State Of Mah. Thr. Pso Awdhutwadi Yavatmal Tah.Yavatmal Dist.Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 1195/2020 (Satish Devidas Shelotkar vs. State of Maharashtra: Th.PSO PS Awadhutwadi, Yavatmal ) .................................................................................................. ....................
Office Notes, Office Memoranda of Coram, appearances, Court'
s orders Court' s or Judge'
s order of directions and Registrar'
s orders .......................................................................................................................................... Mr. M.P.Kariya, Advocate for the applicant Mr. S.A. Ashirgade, APP for respondent-State ORAM : MRS.SWAPNA JOSHI, J.
ATED : 14th January, 2021 The applicant has filed the present Application u/s 439 of the Cr.P.C. seeking bail for offence punishable under sections 364A, 342, 347, 212, 201, 120(B) read with Sec. 34 of the Indian Penal Code; Sections 8,12 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 66(C)(D) of the Information Technology Act, 2005, registered at Police Station Awdhutwadi, Dist. Yavatmal, in respect of Crime No.901/2019. I have heard learned counsel for the respective parties. Perused the papers.
The prosecution case in brief is that the victim aged about 17 years, was kidnapped from his tuition classes. The report came to be lodged by his father against some unknown persons. It is alleged that video clip was sent to the informant whereby a ransom of Rs. 50,00,000/- was made. Learned APP vehemently opposed the bail.
After hearing both sides and on a perusal of the case
papers including the charge sheet and the reply filed, it is noticed that the report had been filed against some unknown persons; so also the victim came to know the name of the applicant from his father. However the report lodged by the father does not reveal the name of the applicant. Furthermore, there is no recovery at the instance of the applicant. Admittedly, charge-sheet been filed. The co-accused has already been released on bail by this Court. It is also noticed that the accused who has allegedly given tips about the kidnapping of the victim, the charge-sheet against him, has been quashed. Considering the facts and circumstances of the matter, I am of the opinion that the applicant can be released on bail by imposing certain conditions . Hence the order :- ORDER.
The applicant -Satish Devidas Shelotkar, be released on bail for offence punishable u/ss. 364A, 342, 347, 212, 201, 120(B) read with Sec. 34 of the Indian Penal Code; Sections 8,12 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 66(C)(D) of the Information Technology Act, 2005, registered at Police Station Awdhutwadi, Dist. Yavatmal, in respect of Crime No.901/2019, on his executing a PR bond in the sum of Rs. 30,000/- (rupees thirty thousand) with one or two solvent sureties in the like amount, on the following conditions :- (i) The applicant shall attend the concerned Police Station, on every 1st and 3rd Saturday of the month, between 11.00 and 2.00 pm, till culmination of the trial.
(ii) The applicant shall provide his residential address and cellphone number to the concerned Investigating Officer and he
shall not change the same without prior intimation to the Investigating Officer.
(iii) The applicant shall not tamper with the prosecution witnesses in any manner.
(iv) The applicant shall keep himself away from the limits of area where the complainant and other witnesses are residing. (v) Two consecutive absence without reasonable cause will entail the prosecution to move for cancellation of bail. (vi) Any observations made in this order are only for granting bail to the applicant and it shall not come in the way of the trial Court during trial.
Criminal application stands disposed of.
JUDGE sahare