Sunanda Mohan Bhute v. The State Of Maharashtra

2025:BHC-AS:8048 Diksha Rane 19 ABA 407-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 407/2025 SUNANDA MOHAN BHUTE ..APPLICANT VS THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. K. P. Shah for applicant.

Mr. A. A. Naik, APP for State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 18, 2025.

P.C. :

1.

This application is filed under Section 438 of the Code of Criminal Procedure, 1973 for seeking pre-arrest bail in connection with First Information Report (FIR) No. 182/2024 registered with Pandharpur Taluka Police Station, District Solapur, for the offence punishable under Section 370 read with 34 of the Indian Penal Code read with Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956.

2.

This is a second anticipatory bail application filed by the accused who is arraigned because he is the owner of the house in which the alleged incident took place. It has been submitted that the

Diksha Rane 19 ABA 407-2025.doc regular bail has been granted by the trial Court to accused no.1. 3.

The FIR has been lodged. The contents of the statement attached to the FIR note down the role of the present applicant. It is submitted by the learned counsel for the applicant that since the bail has been granted to accused no.1 and the charge-sheet has already been filed, no purpose will be served by arresting the present applicant. The learned counsel for the applicant submits that the applicant is ready to co-operate with the investigation. The learned counsel for the applicant also submits that the subject premises in which the alleged incident has occurred, has been sealed by the police.

4.

The learned APP appearing for the State submits that this is a second application for pre-arrest bail. Apart from the rejection of the anticipatory bail application by the Sessions Court, even this Court by its order dated 4/9/2024 had rejected the anticipatory bail application of the present applicant.

5.

The offence registered against the present applicant is of serious nature. The provisions of Sections 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act, 1956 have been invoked apart from Section 370 of the Indian Penal Code. The applicant has managed to be

Diksha Rane 19 ABA 407-2025.doc absconding till date though her first anticipatory bail application was rejected by the Sessions Court on 4/4/2024. From the charge-sheet, prima facie it appears that there is involvement of the applicant in the present crime.

6.

Taking into consideration the role of the applicant as mentioned in the FIR and the charge-sheet, I find there is no merit in the anticipatory bail application. The same is rejected and disposed of accordingly.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 18/02/2025 21:01:17