Akshay Hirachand Tribhuvan v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLN NO.2077 OF 2024 AKSHAY HIRACHAND TRIBHUVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Joyeb I. Shaikh APP for Respondent-State : Mr.S.K.Shirse Advocate for respondent no.2 : Ms.Pooja K. Apache ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.03.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court apprehending arrest in connection with Crime No.354/2024, registered with Shrirampur Taluka Police Station, Shrirampur, District Ahmednagar, for the offence punishable under Sections 363, 366 (A), 376, 109 and 34 of the IPC, 1860 and Section 4, 8, 12, 16 and 17 of POCSO Act and Section 3/25 of the Arms Act, 1959.

3] The case against the applicant is that the applicant has assisted to the main accused to abduct the victim, aged 15 years and 7 months, with the help of other accused persons. The police has recorded the statement of

victim on 07.08.2023 and in the said statement, she stated that the present applicant had made a phone call to accused no.1 informing that complaint has been registered against him. In her statement, she stated that the accused no.1 has kept the victim girl from 30.06.2024 till 08.07.2024 in the house of the sister of the present applicant at village Rakhanpur, Gujrath State.

4] Prima facie there is no direct involvement of the applicant in the alleged crime. Considering the same, the applicant is granted interim protection in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No.354/2024, registered with Shrirampur Taluka Police Station, Shrirampur, District Ahmednagar, for the offence punishable under Sections 363, 366 (A), 376, 109 and 34 of the IPC, 1860 and Section 4, 8, 12, 16 and 17 of POCSO Act and Section 3/25 of the Arms Act, 1959, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount.

B] The applicant shall remain present before the investigating officer on 29.03.2025 and 30.03.2025 between 10.30 a.m. and 1.30 p.m.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

5] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 6] List on 09.04.2025. Interim protection till the next date.

[ARUN R. PEDNEKER] JUDGE DDC