Viki Jitendra Gaikwad v. The State Of Maharashtra

28-aba-2548-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 2548 OF 2021 Viki Jitendra Gaikwad ..Applicant Vs.

The State of Maharashtra & Anr.

..Respondents ---- Mr. Datta N. Pawar, for the Applicant.

Mr. N. B. Patil, APP for the Respondent / State. Ms. Rebecca Gonsalves, for the Respondent No.2. by MAMTA AMAR KALE Date:

2022.02.17 15:24:44 +0530 MAMTA AMAR KALE ---- CORAM : C.V. BHADANG, J.

DATE : 17 FEBRUARY 2022 P.C.

.

The Applicant, apprehending arrest in connection with investigation of Crime No.384/2021 of Police Station Akluj, District Solapur, under Section 384, 354, 323, 504 and 506 r/w. 34 328, 272, 273 and 188 r/w. 34 of IPC and Section 12 and 42 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), is seeking anticipatory bail.

2.

The Applicant is Accused No.2. Accused No.1 has been arrested and the chargesheet is filed after investigation. Mamta Kale page 1 of 2

28-aba-2548-2021 3.

I have heard the learned counsel for the parties. Perused record.

4.

The FIR filed by the father of the victim girl who at the relevant time was 17 years of age shows that on the threat of making certain intimate photographs of the victim viral, the Applicant and the co-accused has extorted an amount of Rs.6,10,000/- from the victim. It prima facie appears from the statement dated 8 June 2021 of the victim as well as the FIR that the Applicant is specifically named as one of the persons who had personally gone and made a demand for money at the pain of making the photographs viral. At least, prima facie, there is no reason shown, whatsoever for false implication of the Applicant. The offence is indeed serious, one in which a 17 years old girl was initially sexually abused by the co-accused and thereafter her intimate photographs were used to extort a sizable amount. Considering the over all circumstances, no case for grant of anticipatory bail is made out. The Criminal Application is accordingly rejected. C.V. BHADANG, J.

Mamta Kale page 2 of 2