Md Ilyas Md Amin Ansari v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3567 OF 2024 Md Ilyas Md Amin Ansari ...Applicant

Versus

The State Of Maharashtra And Anr

...Respondents

____________________________________ Mr. D. S. Mhaispurkar a/w. Hrishikesh Pawaskar, Advocate for the Applicant.

Ms. Supriya Kak, APP for the State.

Mr. Sandeep B. Satkar, Advocate for Respondent No.2. Mr. Gaikar, API Malegaon City Police Station present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 13 FEBRUARY 2025 P.C.:

1.

The applicant is seeking anticipatory bail in connection with C.R. No. 258 of 2024, dated 12 October 2024, registered with Malegaon City Police Station, District Nashik, under Sections 75 (1) (I) of the Bhartiya Nyaya Sanhita, 2023 and under Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

In this matter, by an order dated 26 December 2024, protection

was granted to the Applicant, directing that he should not be arrested and that he was supposed to attend the Investigation Officer's office. The said interim protection was extended by orders dated 6 January 2025, 22 January 2025, and 6 February 2025.

3.

The learned APP submits that the charge-sheet has already been filed.

4.

Since the charge-sheet has already been filed in this matter, according to me, the Applicant should, in the meantime, appear before the Trial Court and file an application for regular bail to the satisfaction of the Court. He should be granted protection till that time. 5.

Mr. Satkar, the learned Advocate for Respondent No.2 (the victim), submits that in case this Court grants protection to the Applicant, a condition should be imposed that he must not contact with the victim who is 16 years of age.

6.

According to me, prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-

ORDER

(a) The Anticipatory Bail Application is allowed. (b) In the event of arrest of the Applicant in connection with C.R. No. 258 of 2024, dated 12 October 2024, registered with Malegaon City

Police Station, The Applicant shall be released on bail till the conclusion of the Trial, on furnishing P.R. bond to the extent of Rs. 30,000/- with one or more sureties of the like amount.

(c) The Applicant shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (d) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(e) The Applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

7.

In view of the above, the present Anticipatory Bail Application is disposed of.

(RAJESH S. PATIL, J.)