Sonali Kisan Kamble v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2398 OF 2023 Sonali Kisan Kamble .Applicant Vs.

The State of Maharashtra & anr.

.Respondents Mr. V. R., Garde, Advocate, for the Applicant Ms. M. H. Mhatre, APP, for Respondent No. 1 - State Mr. Nitesh Pote, PSI, Gadhinglaj Police Station, Kolhapur present

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

08.01.2024 P. C.

1.

Heard Mr. Garde, learned counsel appearing for the Applicant and Ms. Mhatre, learned APP appearing for Respondent No. 1 - State.

2.

This is regular Bail Application fled under Section 439 of the Code of Criminal Procedure, 1973 by the Applicant who is accused No. 1.

3.

The relevant details are as under :- C. R. NO.

Date of Registration of F.I.R.

01.04.2023 Police Station Gadhinglaj Police Station, Kolhapur

Sections Applied 363, 376D, 376(2)(j), 504 r/w. 34 of the Indian Penal Code, under Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 4 & 5 of the Immoral Traffc (Prevention) Act, Date of Incident 09.12.2022 Date of Arrest 02.04.2023 Date of fling of Charge sheet 17.05.2023 4.

As per the prosecution case, the main allegation is against an unknown person. No allegation of main role against the Applicant. The Applicant is behind bar since 02.04.2023. 5.

Charge-sheet is fled on 17.05.2023. There are total 21 witnesses to be examined by the prosecution. The trial is unlikely to conclude any time soon and is likely to take a considerably long time.

6.

The present Applicant does not have any criminal antecedents.

7.

The Applicant does not appear to be a fight risk.

8.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. Hence, the following order :- O R D E R (i) The Applicant - Ms. Sonali Kisan Kamble in connection with C. R. No. 103 of 2023 registered with the Gadhinglaj Police Station, Kolhapur shall be released on bail on her furnishing P. R. Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount;

(ii) On being released on bail, the Applicant shall furnish her contact/cell phone number and residential address to the Investigating Offcer and shall keep him/her updated, in case there is any change;

(iii) The Applicant shall report to the Gadhinglaj Police Station, Kolhapur once every week, on every Sunday between 11.00 a. m. and 1.00 p. m. till the conclusion of trial; (iv) 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/her from disclosing the facts to Court or any Police Offcer; (v) The Applicant shall not tamper with evidence and shall not contact or infuence the Complainant or any witnesses in the matter;

(vi) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments;

(vii) The Applicant shall surrender her passport, if any, to the Investigating Offcer.

9.

The Bail Application is disposed of.

(MADHAV J. JAMDAR, J.)