Rahul Balu Diwar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2234 OF 2024 Rahul Balu Diwar ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Nitin Gaware Patil with Shantanu Kolhe, for the applicant. Ms. Geeta Mulekar, APP, for the Respondent/State. Mr. Prathmesh Bhosle, appointed advocate, for respondent no. 2. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.19 14:19:49 +0530
CORAM
:
ANIL S. KILOR, J.
VARSHA DEEPAK GAIKWAD DATE :
14TH AUGUST, 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.419 of 2023, registered with Ravet Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 370(3) (4), 366(a) r/w 34 of the Indian Penal Code and Section 4, 5 and 9 of the Immoral Traffic (Prevention) Act, and Section 3(d), 4, 17 of the Protection of Children From Sexual Offences Act, 2012.
3.
Having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that there is no prima
facie allegations against the applicant that he forced the victims for commercial sexual exploitation. The allegations are that he used to escort the victims.
4.
In the backdrop of the allegations against the applicant and considering the fact that the main allegations are against the accused no. 1, I am of the opinion that as the applicant is in jail from last 7 months and as the charge-sheet has been filed, further custody of the applicant is not required.
5.
The learned counsel for the applicant submits that he is ready to abide by any of the conditions including a condition not to enter into the territorial jurisdiction of Pune District. 6.
As such, as far as apprehension expressed by the learned APP and the learned counsel for the respondent no. 2 that if the applicant is released on bail, he will pressurize the victims, it can be addressed by imposing stringent conditions. 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.419 of 2023, registered with Ravet Police Station, Pimpri-Chinchwad, Pune for the offences punishable under Sections 370(3) (4), 366(a) r/w 34 of the Indian Penal Code and Section 4, 5 and 9 of the Immoral Traffic
(Prevention) Act, and Section 3(d), 4, 17 of the Protection of Children From Sexual Offences, Act, 2012, on furnishing P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into the territorial jurisdiction of the District-Pune till the conclusion of the trial; 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 and 16th day of every month between 10.00a.m. to 11.00 a.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 to apply for cancellation of bail in case of any breach of condition if the applicant commenced similar offence;
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
(ANIL S. KILOR, J)