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Bombay High CourtBA/1133/2021allowed

Usha Sahebrao More v. State Of Mah.Thr. Pso Ps Khadan Akola Tah. And Dist.Akola And Another

2021-12-03Hon'Ble Shri Justice Rohit Baban Deo3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1133 OF 2021 ( Usha Sahebroa More ..vs.. State of Maharashtra, through PSO, PS Khadan, Akola and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.P. Mohod, Counsel appointed for the applicant, Mr. N.S. Rao, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO , J .

DATED : 03-12-2021 The applicant lady is seeking bail in connection with Crime 684/2019 registered at Khadan Police Station, District Akola for offences punishable under Sections 363, 366-A, 368, 370, 370-A, 376(2)(n), 120-B, 344, 506 and 504 of the Indian Penal Code read with Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act.

2.

The victim has informed the police that she used to collect garbage at the Railway Station and was acquainted with accused Tabbu, accused Ramabai who is the present applicant, Gokuli @ Koki and Varsha. 3.

The victim has informed the police that in May 2019 Gokuli, the applicant and Varsha took her to Gokuli's house and told her that if the victim marries, her mother would receive certain amount. The victim stayed at the residence of Varsha and Gokuli for a week and then the three women took her to one Yogesh Bangar

2 ba1133.21 and asked her to look for a bridegroom. Yogesh assured that one of his relatives is a prospective groom and showed his photograph. Here, the role attributed to the applicant ends, and I am not inclined to consider the rest of the narrative minutely lest any prejudice results to the co-accused who are not before me. Suffice it to state, that the other co-accused allegedly literally sold the victim to one Vinod Sharma and she was sexually exploited. The applicant has no criminal antecedents. She is in custody since nearly two years. Considering the limited role attributed to her by the victim, I am not inclined to continue the incarceration.

4.

The application is allowed, subject to the following conditions :

i) The applicant shall be released on bail on executing personal bond of Rs.16,000/- (Rupees Sixteen Thousand) with a solvent surety of like amount.

ii) The applicant shall not make any attempt to tamper with the evidence or to influence witnesses, directly or indirectly.

iii) The applicant shall attend each date of hearing scrupulously.

iv) The applicant shall not leave the country without the permission of the trial Court.

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The fees of the learned appointed Counsel Mr. V.P. Mohod be quantified and paid as per rules. 6.

The Registrar (Judicial) shall communicate this order to the concerned prison authority forthwith. JUDGE adgokar MANOHARRAO ADGOKAR