Allowed

Abhijeet Alias Aba Dnyandev v. the State of Maharashtra

Bombay HC1 Dec 2014BA/993/2014

Case brief

AI extract

What is this about?

Bail application filed challenging charges under IPC and POCSO Act. Court rejected apprehension of tampering due to custody at time of threat letter but granted bail with strict conditions to safeguard witnesses and protect the minor victim.

What did the court decide?

Application granted for release on bail subject to bond of Rs. 30,000/- with sureties and strict conditions regarding non-contact with witnesses and non-entry into Rahatani village.

Abhijeet Alias Aba Dnyandev Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2014)

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12_ba_993__2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE – CRIMINAL BAIL APPLICATION NO.993 OF 2014

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Mr. Abhijeet alias Aba Dnyandev .... Applicant Vs. The State of Maharashtra .... Respondent

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Mr. Dilip Bodake, for the Applicant Mrs. P.P. Bhosale, APP for the Respondent-State. Mr. Mahesh R. Jadhav, P.S., Aundh, Satara.

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CORAM: P.D. KODE, J.

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DATED: DECEMBER 01, 2014

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P.C:

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1. Heard. The prayer for bail of the accused charge-sheeted

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for commission of offence under sections 452, 342 and 354 of the I.P.C. r/w sections 3, 4, 18,7, 8, 9 (l)(m) and 10 of the Protection of Children from Sexual Offences Act, 2012, is opposed by the learned APP on the count of an anonymous letter dated 03.03.2014 being received by the first informant threatening of dire consequences after the Applicant is released on bail. It is urged that considering the nature of offence, for which the Applicant is accused, there exists every danger of the accused tampering the evidence and of threatening the minor victim of six years old girl and /or her parents.

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Megha 1 of 3

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12_ba_993__2014.doc

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Having regard to the fact that the Applicant was in custody

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when the said letter was received, it is difficult to accept the apprehensions entertained by the learned APP on said count. Since the other apprehensions expressed by learned APP of tampering of evidence can be taken care of by imposing suitable condition and the offence being not exclusively punishable with the imprisonment for life and considering the nature of accusation on the tune of the probability factor the discretion deserves to be exercised in favour of grant of bail by imposing certain strict conditions, in view of the investigation being complete.

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The Applicant is directed to be released on bail in connection with Crime No.7 of 2014 registered with Aundh Police Station for above referred offence upon executing the P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one or two sureties to make up like amount and subject to conditions that after his release the Applicant shall (i) not enter the Rahatani village, TalukaKhatav, District-Satara, without the permission of the Trial Court; (ii) not indulge in any activity coming across with first informant, his daughter and other relatives nor shall indulge in any activity of

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Megha 2 of 3

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12_ba_993__2014.doc

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tampering, threatening, coercing, intimidating or pressurizing them or any other prosecution witnesses; (iii) informing his place of abode to the I.O. and attending the police station for the said area on every Monday until further orders; (iv) not misusing the order of bail for fleeing away or for committing any further offence.

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The application accordingly stands disposed of.

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Megha 3 of 3

Abhijeet Alias Aba Dnyandev v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Abhijeet Alias Aba Dnyandev v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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