Faheem S/O Shafi Qureshi v. State Of Maharashtra Thr Pso, Ps Jaripatka Tq And Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.787/2025 (Farheen S/o Shafi Qureshi Vs. State of Maharashtra, through Police Station Officer, Police Station Jaripatka, Tah. and Distt. Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.W. Sambre, Advocate for the applicant.

Mr. Anant Ghogare, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 16.10.2025.

The applicant has received notices from Jaripatka Police Station on 16.9.2025 and 17.9.2025 to appear in Crime No.679/2025 registered for the offence punishable under Sections 64, 64(2)(i), 88, 351(2), 352 and 115(2) of the Bhartiya Nyaya Sanhita and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. 2.

It is alleged that the mother of the victim has taken the victim to the hospital of the applicant and the applicant has conducted abortion. At that time, the victim was 17 years of age. The allegation about rape by one Sujal are Made. As per Section 19 of the POCSO Act, it is the duty cast upon Doctor to inform the police about the crime and the applicant has not informed the same, therefore, after registration of crime on complaint lodged by victim, the notices were issued to this applicant.

3.

The learned Advocate for the applicant has submitted that the applicant has not conducted any abortion and the mother of the victim has admitted about it before the Sessions Court. As he has

received the notices, he is apprehending arrest. Hence, prayed to allow the application.

4.

The learned A.P.P. has opposed the application stating that the applicant has not done his duty, cast upon him as per Section 19 of the POCSO Act and, therefore, notices are issued to him. In the circumstances, he prayed to reject the application. 5.

Considering the fact that the applicant is not named in F.I.R. and he has only received the notices, the offence which will attract against the applicant is under Section 19 of the POCSO Act, which is bailable. As he has received notices in Crime No.679/2025 wherein non-bailable offence is registered, the applicant is protected by granting anticipatory bail. Hence, the application is allowed. i) It is directed that in the event of arrest of the applicant- Farheen S/o Shafi Qureshi, in connection with in Crime No.679/2025 registered for the offence punishable under Sections 64, 64(2)(i), 88, 351(2), 352 and 115(2) of the Bhartiya Nyaya Sanhita and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

iv) The applicant shall co-operate with the Investigating Officer.

v) The applicant is directed to attend the concerned police station and shall cooperate in the investigation as and when called by the Investigating Officer.

(MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 17/10/2025 13:10:18