Gajanan Konduji Alias Kondu Payghan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

ANTICIPATORY BAIL APPLICATION NO.903 OF 2025 Gajanan Konduji @ Kondu Payghan

Versus

The State of Maharashtra & Ors.

...

Mr. Sudhir K. Chavan, Advocate for the Applicant. Mr. R. K. Ingole, APP for Respondent/State.

...

CORAM :

ROHIT W. JOSHI, J.

(VACATION COURT) DATE :

29th MAY, 2025 P.C.:

1.

Not on board. Upon mentioning, taken on board. 2.

The applicant is arrayed as accused no.1 in FIR No.146 if 2024 registered with the Sengaon Police Station under Sections. 363, 366 (A) read with Section 34 fo Indian Penal Code. The allegation is that the applicant had kidnapped a girl, aged around 17 years and 3 months on 05.04.2024. After the girl was found, she has recorded a statement under Section 161 of the Code of Criminal Procedure (for short "Cr.P.C.") before the Investigating Officer in terms exonerating the applicant. Particulars of the said statement are reflected in paragraph 4 of the order passed by the learned Sessions Court rejecting the application for grant of anticipatory bail filed by the applicant. The learned Sessions Court has opined that possibility of pressure being exerted on the girl cannot be ruled out in view of the statement made

by her.

3.

The learned Counsel for the applicant states that statement by the girl on similar lines is also recorded before the learned Magistrate under Section 164 of the Cr.P.C. The learned APP has confirmed the said fact from the Investigating Officer.

4.

In view of the above, the applicant is entertained to interim protection. Hence the following order :-

ORDER

(i) Till the next date, in the event arrest of the applicant in relation to FIR No.146 if 2024 registered with the Sengaon Police Station under Sections. 363, 366 (A) read with Section 34 fo Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.15,000 (Rupees Fifteen Thousand Only) alongwith surety in the like amount.

(ii) Applicant shall attend the concerned police station as and when required and shall cooperate with the investigation. (iii) Applicant shall not tamper with the evidence of the prosecution, and influence the informant and prosecution witnesses.

5.

Issue notice to the respondents, returnable on 30.06.2025.

Learned APP waives service of notice for respondent Nos.1 and 2. 6.

The learned APP shall instruct the Investigating Officer to send intimation to respondent no.3/victim about filing of the present application and next date in the matter.

[ROHIT W. JOSHI] JUDGE Narwade/