The High Court of Judicature at Bombay granted bail to an accused charged with kidnapping and sexual intercourse, holding that continued custody pending trial was not necessary given the completion of investigation.
Applicant released on bail by furnishing a P.R. Bond of ₹50,000 with sureties in ₹50,000, subject to reporting to police on Sundays.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BA-740.2012
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
CRIMINAL APPLICATION NO.740 OF 2012
{For Bail}
Prakash Hebal Yadav.... Applicant
Vs.
State of Maharashtra.... Respondent
Shri Indrajeet Joshi for the Applicant.
Ms M.R. Tidke, APP, for the State.
DATED: JULY 03, 2012
P.C:
1.This is an application for bail by a
twenty years old boy who kidnapped a sixteen
years old girl and claimed to have married her.
On a report by the victim's mother, an offence
was registered. The victim admitted having
known the applicant and stated that the
applicant had threatened her on 8-12-2011
telephonically that she should come to see her
at Kalyan station and that he wanted to marry
her and that if she did not come, he would take
her forcibly. She then seems to have gone to
Kalyan station and from there accompanied the
applicant to Samastipur where the applicant is
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BA-740.2012
alleged to have entered into some sort of
marriage and then committed sexual intercourse
with the victim. The applicant is in jail since
his arrest on 23-12-2011. Investigation is
complete and charge-sheet has been filed. The
learned APP has a very strong objection to the
applicant being admitted to bail. She contends
that the applicant was already married to one
Raniban Harbans Yadav whom he had deserted and
then kidnapped this victim. The learned counsel
for the applicant submits that the applicant
was married to Raniban in childhood. The
marriage was not consummated. Raniban
admittedly married another person and is
residing with that person. The learned APP has
made available for my perusal statement of one
Saraswati Devi, the Sarpanch of the concerned
village. Therefore, the previous marriage
cannot be, at this stage, held as a
circumstance against the applicant.
2.Given the fact that the investigation
is complete and charge-sheet has been filed and
the applicant is in jail for last six months,
the applicant's being in custody pending trial
may not be necessary. The applicant be released
on bail in C.R. No.I-318 of 2011 of Manpada
Police Station, Dombivali, District Thane on
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sjs BA-740.2012
his furnishing P.R. Bond in the sum of 50,000/- with one or more solvent sureties in the sum aggregating to 50,000/on the condition that the applicant shall report at the police station concerned every Sunday between 10:00 a.m. and 1:00 p.m. for the next six months and thereafter on the first Sunday of every month till the trial is over.
3.The application accordingly stands
disposed of.
(R.C. CHAVAN, J.)
Page 3 of 3
1 issue framed by the court
Whether the applicant, charged with kidnapping and sexual intercourse, should be released on bail.
Prakash Hebal Yadav
State of Maharashtra
R.C. Chavan
As recorded by the court registry
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