Jayabai @ Jayashree Sardar Chavan v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.615 OF 2023 Jayabai @ Jayashree Sardar Chavan ..Applicant VS.

The State of Maharashtra and anr.

..Respondents ------------ Adv. Ritesh M. Thobde a/w Adv. Changdev S. Shingade for the Applicant.

Ms. P. N. Dabholkar, APP for the State.

Amitkumar V. Karpe, PSI, Mandrup Police Station, Solapur. ------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 1, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for pre-arrest bail by the applicant in connection with First Information Report (FIR) No.317 of 2022 dated 15/11/2022, registered with Mandrup Police Station, Solapur, under sections 376(2)(i), 376(2)(n), 313, 323, 504, 506 and 34 of the Indian Penal Code, 1860 and sections 4, 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012.

3.

Learned APP, in all fairness, pointed out that the 1/3

applicant was protected by interim order when the anticipatory bail was preferred before the trial Court. The applicant co-operated with the investigation. The chargesheet has been filed even against the present applicant, who is accused no. 3, on 23/01/2023.

4.

In this view of the matter, as the investigation is complete, custody of the applicant is not required. The main allegations of sexual assault are against accused no. 1- Sardar Chavan. The applicant is a woman. As the chargesheet has been filed, the applicant can be granted prearrest bail. Hence, the following order.

O R D E R

(a) In the event of arrest in connection with FIR No.317 of 2022, registered with Mandrup Police Station, Solapur, the applicant- Jayabai @ Jayashree Sardar Chavan, shall be released on bail on furnishing P.R. Bond to the extent of Rs.15,000/- with one or more sureties in the like amount;

(b) The applicant shall report to the concerned police station as and when called;

(c) The applicant to co-operate with the Investigating Officer;

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(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence;

5.

The application stands disposed of.

(M. S. KARNIK, J.) 3/3