Amisha D/O Vinod Sharma v. State Of Mah., Thr. P.S.O. Ps City Kotwali Dist Akola

ba1187.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1187/2019 Amisha Vinod Sharma .vs. State of Maharashtra through PSO P.S. City Kotwali, Akola, Tq. Dist. Akola.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms S.O.Tapadiya, Advocate with Mr. V.R.Tiwari, Advocate for applicant.

Mr. M. J. Khan, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 15, 2020 Heard Ms Tapadiya, learned counsel for applicant and Mr. Khan, learned A.P.P. for non applicant-State. This is an application for regular bail. Applicant is a 19 years old girl. She was arrested in connection with Crime No.335/2019, registered with Police Station, City Kotwali, Akola for an offence punishable under Sections 354, 143, 147, 148, 149, 452, 294 and 506 of the Indian Penal Code and Sections 7 and 9 of the Protection of Children From Sexual Offences Act.

The learned A.P.P. for non applicant-State has filed a detailed reply to oppose the application. From the reply, it is clear that after arrest of the applicant, interim bail was granted in favour of the applicant up to 18.12.2019 and thereafter she has surrendered before the Court of Sessions on 19.12.2019 and since then she is in Magisterial Custody and the applicant is in prison at Akola.

ba1187.19.odt From the reply, it is clear that the applicant is a student of B.Com. (Parti II). Age of the applicant is shown as 19 years. As per reply, the role attributed to present applicant is that she used filthy language in respect of daughter of complainant that she is indulged in prostitution. Looking to the nature of accusation as disclosed in the reply and the fact that the applicant is a girl of tender age and she is a student, in my view, her further custodial presence is not at all required. That leads me to pass the following order.

ORDER

(i) The application is allowed.

(ii) Applicant-Amisha Vinod Sharma be released on bail in connection with Crime No.335/2019, registered with Police Station, City Kotwali, Akola for an offence punishable under Sections 354, 143, 147, 148, 149, 452, 294 and 506 of the Indian Penal Code and Sections 7 and 9 of the Protection of Children From Sexual Offences Act, on she executing P.R. Bond in the sum of Rs.5,000/- with one solvent surety in the like amount.

The application is disposed of.

JUDGE kahale