Aman Mehbub Shigave v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.670 OF 2024 Aman Mehbub Shigave ...
Applicant V/s.
The State of Maharashtra and Anr.
...
Respondents ------------------- Mr. Satyavrat Joshi with Yash Fadtare for the applicant. Ms. Savita Yadav, APP, for the Respondent / State. Mr. Keral Mehta, for the respondent no. 2.
CORAM
:
ANIL S. KILOR, J.
VARSHA DEEPAK GAIKWAD VARSHA DEEPAK GAIKWAD Date: 2024.09.25 16:39:27 +0530 DATE :
20TH SEPTEMBER, 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.666 of 2023, registered with Vadgaon Police Station, Dist: Kolhapur for the offences punishable under Sections 376, 376(2) (n), 465, 468, 471, 323 and 506 of the Indian Penal Code (for short, 'IPC'), Section 4, 8 and 12 of the Protection Of Children from Sexual Offences Act (POCSO Act) and Section 67 (B) of the Information Technology Act. 3.
The applicant is a young boy of 21 years old and from the material collected by the IO during the investigation and from the
charge-sheet it appears that there was a love affair between the applicant and the victim. Though it is alleged in the FIR that against her wish, the applicant recorded obscene videos and took photographs of the victim, there is nothing in the charge-sheet to show that any such material was found in the mobile phone seized from the applicant.
4.
The applicant is in jail from about last one year and in the meantime the charge-sheet has been filed.
5.
In a similar matter, the co-ordinate bench of this Court in the case of 'Nitin Damodar Dhaberao Vs State of Maharashtra, through Police Station Office of Police Station and Anr.''1 while considering the reasons for granting bail has observed thus:
"6.
Having heard learned Counsel for the applicant and learned APP for the State. Perused the investigation papers. There is no dispute as to the fact that applicant is arrested on 30.08.2020 and there is no progress in the trial though charge-sheet is filed on 26.10.2020. As far as merit is concerned, admittedly victim is of 13 years of age and her consent is not relevant. However, the statements which are recorded by the Investigation Officer shows that victim has left her house at her own accord on the pretext of bringing the book from friend and not returned back at home. She also joined the company of the present applicant and also admitted her love relationship with the present applicant in her statement. From her statement it (2024) SCC online Bom 120
reveals that, she stayed along with the present applicant at various places and not made any grievance as she was taken by the present applicant by using some force. Thus it is apparent that, out of the love affair, she joined the company of the present applicant. The applicant is also of a tender age of 26 years and out of love affair they come together. It seems that, the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that applicant has subjected the victim for a sexual assault out of lust. Considering the fact that, though charge-sheet is filed long back in the year 2020 and there is no progress in the trial and trial will take its own time for final disposal. In view of that, further incarceration of the present applicant is not required and no purpose will be served by keeping him behind bar. In view of that, the application deserves to be allowed by imposing certain conditions. Accordingly......."
6.
The learned counsel for the respondent no. 2 and learned APP are strongly opposing the application and it is submitted that if the applicant is released on bail he may pressurize the victim or tamper with the prosecution evidence. The apprehension expressed by the learned counsel for the respondent no. 2 and the learned APP, the same can be addressed by imposing certain stringent conditions. 7.
In the circumstances, considering the above referred observations noted by this Court and the observations made in the case of 'Nitin Damodar Dhaberao' (supra) by the co-ordinate bench of this Court, I am of the opinion that the applicant is entitled for grant of
bail. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.666 of 2023, registered with Vadgaon Police Station, Dist: Kolhapur for the offences punishable under Sections 376, 376(2) (n), 465, 468, 471, 323 and 506 of the Indian Penal Code, Section 4, 8 and 12 of the Protection Of Children from Sexual Offences Act (POCSO Act) and Section 67 (B) of the Information Technology Act, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into the territorial jurisdiction of Vadgaon Police Station, till the conclusion of the trial, except on the date of trial. The applicant shall not contact the victim directly or indirectly.
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st of every month between 10.00 a.m. to 11.00a.m., till the conclusion of the trial except on the date of trial.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the
evidence;
vi) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;
vii) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.
8.
Fees of the advocate appointed to represent the respondent no. 2 be quantified as per the rules.
(ANIL S. KILOR, J)