Anil Dilip Zambare v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3279 OF 2022 Anil Dilip Zambare ..Applicant VS.

The State of Maharashtra and Anr.

..Respondents ------------ Mr. Rishikesh Kale for the Applicant.

Adv. Dheeraj Patil for the Respondent no. 2.

Mr. S. H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 9, 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 C.R. No.586 of 2022 dated 07/07/2022, registered with Mohol Police Station, District Solapur, under sections 354, 354-A, 506, 34 of the Indian Penal Code, 1860 and sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

3.

Learned APP states that despite 3 reminders given to the Investigating Officer, there has been no response from him.

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4.

On the date of the incident, the victim has aged 14 years and 9 months. The applicant is an acquaintance of accused no. 1. It is alleged by the victim that pursuant to the death of her father, on one occasion accused no. 1 said that she has been called to the school and the applicant showed his willingness to drop her in his vehicle. The applicant though present at the relevant time, after some interaction with the accused no. 1 left the spot. It is alleged that accused no. 1 took the victim and molested her in the vehicle.

5.

There are neither specific allegations against the accused no. 2 who is the present applicant nor any overt act attributed to him. Prima facie, there is nothing to indicate that the applicant had knowledge of what the accused no. 1 was upto. On going through the statement of the prosecutrix, so far as the present applicant is concerned, in my opinion custodial interrogation of the applicant is not required. He must cooperate with the investigation. There are no criminal antecedents reported against the applicant. Hence, the following order.

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O R D E R

(a) In the event of arrest of the applicant- Anil Dilip Zambare in connection with FIR No.I- 586 of 2022, registered with Mohol Police Station, District Solapur, 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 on 13/02/2023 and 14/02/2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called;

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

(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;

(e) The applicant shall furnish the details of his residential address and phone number to the investigating officer.

(f) The applicant shall not enter the vicinity of the place of residence of the victim or establish contact with her.

6.

The application is disposed of.

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