Mayuri Somnath Kunjir (After Marriage) Mayuri Bharat Magar (Befor Marriage) v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3065 OF 2024 Mayuri Somnath Kunjir (after marriage) Mayuri Bharat Magar (before marriage) ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents ****** Mr. Sachin M. Bhavar for the Applicant.

Mr. Prasanna R. Malshe, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 19th NOVEMBER 2024 P.C. :

.

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

2.

Since offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) are also registered in the present case, the victim has been made party/respondent No.2 and notice will have to be issued to the said respondent. 3.

But, the learned counsel for the applicant is pressing for interim relief.

4.

Having perused the material on record, this Court is inclined to grant interim relief, for the reason that the applicant is the sister BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.19 15:13:50 +0530 of the main accused person, against whom allegations have been made by the informant and the victim. It is also relevant to note

that in the first statement of the victim dated 2nd May 2024, she did not make any specific allegation against the applicant. She merely stated that the brother of the applicant had taken her to the house of the applicant, where she had stayed. It was only in the supplementary statement recorded much later on 12th June 2024, that specific allegations have been levelled against the applicant. A strong prima facie case is made out in favour of the applicant.

5.

In view of the above, issue notice to respondent No.2, returnable on 19th December 2024 (High on Board). 6.

In the meanwhile, there shall be interim order in the following terms :

(a) Till the next date, in the event the applicant is arrested in connection with FIR No. 0282 of 2024 dated 30th April 2024 registered at Karmala Police Station, Dist. Solapur, she shall be released on bail on furnishing PR Bond of Rs.15,000/- and one or two sureties in the like amount. (b) The applicant shall remain present before the Investigating Officer on 25th November 2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when called by the Investigating Officer. The applicant shall cooperate with the investigation.

(c) The applicant shall not tamper with the evidence of the

prosecution in any manner. She shall not influence the informant, witnesses and other persons concerned with the case.

7.

In the event, the applicant violates any of the aforesaid conditions, the order passed today would be recalled. 8.

List this application for further consideration on 19th December 2024 (High on Board).

9.

At this stage, the learned counsel for the applicant informs this Court that, in the meanwhile, the concerned Court has issued non-bailable warrant against the applicant after filing of chargesheet. Liberty to the applicant to move the concerned Court for cancellation of the non-bailable warrant.

MANISH PITALE, J.