The High Court, having perused the charge-sheet filed after investigation, allowed the bail application of the applicant accused of abducting a minor. The court imposed conditions regarding surrender and movement restrictions.
Bail granted on surrendering a P.R. bond of Rs. 15,000 and one solvent surety in the like amount.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 405 OF 2014
Kalasha alias Irfana alias Gudya Najir Makandar. ... Applicant. Versus
The State of Maharashtra. ... Respondent.
Mr. V.V. Purwant i/b. Mr. Vaibhav K. Gaikwad, advocate for Applicant.
Mrs. G.P. Mulekar, APP for State.
CORAM : SMT.SADHANA S. JADHAV,J DATE : JUNE 18, 2014
P.C.:
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3 It is the case of the prosecution that on 4/12/2013 Dada Tukaram Gaikwad lodged a report at the police station alleging therein that on 3/12/2013 at about 9.45 p.m. his daughters namely Nanda, the victim and Swapnali had proceeded to sleep with their grand parents who were residing closeby. At about 10 p.m. his mother in law had enquired as to why the victim had not come to sleep. Thereafter, they had noticed that their other daughter had been to her grandmother's house. The first informant had made enquiry with her and she had informed that the present applicant and his wife had met them on the way and the present applicant told them that they wanted to talk with the victim. Thereafter, Swapnali proceeded to grandmother's house and the whereabouts of the victim was not known. The first informant has rushed to Satara City Police Station and thereafter they had gone to Satara Railway station. They had seek the coaccused at railway station. The coaccused had entered into the train. The first informant and the police had also boarded the train. The present applicant upon seeing the first informant and the police had fled away. The coaccused was taken into custody. The victim was rescued and thereafter her custody was given to the first informant. Upon enquiry, the victim had informed
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that the accused person had told her to accompany them and that they would drop her back and therefore, she had accompanied them. Initially crime was registered for offence punishable under Section 363 read with 34 of the Indian Penal code. Statement of the victim was recorded on 6th December, 2013. The victim had disclosed to the police that she was coerced by the coaccused to board a rickshaw and thereafter, she was taken to the present applicant. The present applicant had asked the coaccused to take her to Pune. When they were about to leave for Pune, her parents and police had rescued her. She has disclosed that applicant tried to conceal her upon seeing the first informant and the police. The parents had rescued the girl in time.
4 Learned Counsel for the applicant submits that the applicant has been in jail for more than 6 months and hence, he is entitled for bail. The investigation is completed and chargesheet is filed. Learned Counsel for the applicant submits that further incarceration of the applicant is unwarranted in the interest of justice and hence, prayed that the applicant be enlarged on bail.
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5 Learned APP submits that the applicant hails from Karnataka and does not have permanent abode in the State of Maharashtra and it will be difficult to secure his presence at the time of trial. Hence, some stringent conditions be imposed upon him while granting bail. The learned Counsel for the applicant submits that the applicant would be residing at Bijapur which is in Karnataka District.
ORDER
(i) The application is allowed. The applicant Kalasha alias Irfana alias Gudya Najir Makandar be enlarged on bail on furnishing P.R. bond in the sum of Rs. 15,000/ and one solvent surety in the like amount.
(ii) The applicant shall not tamper with the evidence.
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(iii) The applicant shall report to the Bijapur City Police Station once in two weeks during the pendency of the trial and shall not visit Satara till commencement of trial. He shall attend all the dates at the time of trial.
( SMT. SADHANA S. JADHAV , J)
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2 issues framed by the court
Whether the applicant, arrested for abducting a minor, is entitled to bail after investigation completion and charge-sheet filing.
Whether stringent bail conditions are warranted given the applicant's residence in Karnataka versus the crime scene in Maharashtra.
1 provisions across 1 enactments
Kalasha alias Irfana alias Gudya Najir Makandar
State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
