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Bombay High CourtABA/2686/2019disposed off

Neelam Amit Babar And ANR v. The State Of Maharashtra

2021-09-30Hon'Ble Shri Justice M. S. Karnik3 pages

PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2686 OF 2019 Neelam Amit Babar and anr.

.. Applicants vs.

The State of Maharashtra .. Respondent --------------------- Ms. Rekha Musale I/b. Meraki Legal for the Applicants. Mr. N.B. Patil, APP for the State.

Mr. Sangram Laxman Bhutale, Police Constable, Karad City Police Station, Satara is present.

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

DATE : SEPTEMBER 30, 2021 P.C.:- Heard learned counsel for the parties.

2.

This is an Application for pre-arrest bail in respect of an offence punishable under Sections 30c7, 4522 and 10ct of Indian Penal Code, 1860c registered as FIR No.827 dated 0c4.11.20c18 of the Karad City Police Station.

3.

The assailant is co-accused Ajay. The Applicant No.1 is Ajay's sister and the Applicant No.2 is Ajay's mother. The victim is 14 years of age. The FIR is fled by the mother of the victim. 1/3

In the FIR it is alleged that the Applicants and the co-accused Ajay as well as the complainant were residing in a slum. The complainant had paid a sum of Rs.252,10c0c/- for obtaining the water connection from the Corporation. The amount was paid on behalf of everybody and even the Applicants were to contribute to the extent of their share. However, the Applicants did not pay anything.

4.

On 0c4.11.20c18, the victim who is 14 years of age was all alone in the house. The co-accused Ajay entered the house and objected to the victim interacting with male friends. Ajay assaulted the victim with means of a sharp object and in the process slashed both wrists of the victim. It is the allegation that at the relevant time, the Applicants were standing outside the house. The statement of the victim, though mentions about the assault by Ajay, except for indicating that the Applicants were standing outside the house, there is nothing to show that they are involved in the crime in any manner. The Applicants are women. The custodial interrogation of the Applicants is therefore not required. The Application deserves to be allowed. Hence, the following order :-

O R D E R

(i) The interim protection granted by this Court on 11.12.20c1t stands confrmed.

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(ii) In the event of arrest of the Applicant in connection with C.R. No.827 of 20c1t registered with Karad City Police Station, District Satara, the Applicants be released on bail on their furnishing P.R. bond in the sum of Rs.252,0c0c0c/- each with one or more sureties in the like amount. (iii) The Applicants shall attend the Investigating Ofcer as and when called.

52.

The Anticipatory Bail Application is disposed of. (M.S. KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.09.30 17:03:55 +0530 PRADNYA MAKARAND BHOGALE 3/3