Runa Amir Shaikh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.300 OF 2024 Runa Amit shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Kalpesh Patil, for the applicant.

Ms. Supriay Kak, APP, for the Respondent/State. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.07.05 11:13:18 +0530 VARSHA DEEPAK GAIKWAD DATE :

4TH JULY, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.64 of 2023, registered with Vishrambaug Police Station for the offences punishable under Sections 370, 465, 468 and 471 read with 34 of the Indian Penal Code and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1986.

3.

The learned counsel for the applicant makes the following submissions:

a) The applicant has been falsely implicated in the alleged offence.

b) There is no evidence against the Applicant.

c) The applicant is in jail since last more than one year. d) Considering period of incarceration and the fact that the charge-sheet has been filed, further custody of the Applicant is not necessary.

e) There are discrepancies in the statement of witnesses. 4.

On the other hand, learned APP makes following submissions:

i.

There is sufficient evidence collected by the Investigating Officer to show the prima facie involvement of the Appliant in the alleged offence.

ii.

The Aadhar Card was obtained by the applicant on the basis of forged and fabricated documents.

iii.

Maximum punishment under Section 467 of IPC will be for life imprisonment and minimum 10 years.

The learned APP accordingly, prays for rejection of the present application.

5.

Having considered the charge-sheet and the material collected by the Investigating Officer, it is evident that there are statements of witnesses including the statement of sister of the applicant who is also victim, which supports the case of the

prosecution. Moreover, after the investigation, it is found that the documents submitted by the applicant at the time of obtaining Aadhar Card were forged one.

6.

Thus in view of the fact that, there is sufficient evidence available on record to show the involvement of the applicant in the alleged offence, I am not inclined to grant bail to the applicant. However, Considering the fact that the applicant is a woman and since the Bail Application is rejected, the trial is expedited. Accordingly, the application is rejected.

7.

The learned counsel for the applicant undertakes to place the copy of this order on the record of the trial Court within two weeks from today.

(ANIL S. KILOR, J)