← Library
Bombay High CourtBA/2166/2024allowed

Rajendra Ramakant Chavan v. The State Of Maharashtra

2024-09-23Hon'Ble Shri Justice Anil S. Kilor3 pages

1 of 3 4-BA-2166-24.doc Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2166 OF 2024 Rajendra Ramakant Chavan Applicant versus The State of Maharashtra Respondent Ms. Sneha B. Pandey (Mhatre), Advocate for Applicant. Mr. P. P. Deokar, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

23rd 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. 243 of 2023, registered with Ratnagiri Police Station, for the offences punishable under Section 370 of the Indian Penal Code, 1860 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention)Act, 1956. 3.

The victims in their statements, have not any made allegations against the applicant that he commercially exploited them in sexual activities.

4.

In their statement, they have stated that they on their own to earn money indulged in the said activities.

5.

The applicant is in jail from more than one year and during this period, the charge-sheet has been filed. Furthermore, there are no antecedents against the applicant.

2 of 3 4-BA-2166-24.doc 6.

The learned APP while opposing the application and has stated that the applicant is involved in exploiting the girls. Thus, he expressed apprehension that if the applicant is released on bail, he may indulge in similar activities.

7.

In the above-referred backdrop, considering the nature of the evidence and the statement of the victims and the fact that the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not required.

8.

As far as apprehension expressed by learned APP that if Applicant is released on bail he may pressurize the prosecution witnesses is concerned, that can be addressed by imposing stringent conditions.

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No. 243 of 2023, registered with Ratnagiri Police Station, for the offences punishable under Section 370 of the Indian Penal Code, 1860 and Sections 3, 4 and 5 of the Immoral Traffic (Prevention)Act, 1956, 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 territorial jurisdiction of Ratnagiri Police Station till conclusion of trial, except on the date of trial;

(iv) The Applicant shall provide his address and name of nearby Police Station to the Investigating Officer and attend

3 of 3 4-BA-2166-24.doc said Police Station on 1st and 16th day of every month between 12.00 noon and 2.00 pm till conclusion of 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 in case Applicant breaches any of the conditions and/or 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.

(ANIL S.KILOR, J.)