Allowed

Baburam Sobit Kesi v. the State of Maharashtra

Bombay HC9 Apr 2018BA/439/2018

Case brief

AI extract

What is this about?

The High Court of Bombay granted bail to the applicant in a criminal case involving offences under the IPC, IT (Prevention) Act (PITA), and POCSO. The court noted the applicant was not directly accused of rape or prostitution and that a co-accused had already been released. Bail was allowed with specific conditions regarding residence, attendance, and no interference with witnesses. Front subject

What did the court decide?

The applicant was enlarged on bail on furnishing a bail bond of Rs.25,000/- with local sureties, subject to conditions of periodic attendance at police station and court, reporting residence changes,

Baburam Sobit Kesi Vs the State of Maharashtra — Pension and Retirement Benefits | Bombay HC (2018)

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nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.439 OF 2018

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Baburam s/o Sobit Kesi ...Applicant Versus The State of Maharashtra ...Respondent

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Mr.A.M.Pandey, for the Applicant.

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Mr.S.S.Hulke, A.P.P for the Respondent-State.

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CORAM : REVATI MOHITE DERE, J.

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DATE : 9^th APRIL, 2018

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P.C. :

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Heard learned counsel for the parties.

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By this application, the Applicant seeks his enlargement on

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bail in connection with C.R.No.153 of 2017 registered with the Malwani Police Station, Mumbai, for the alleged offences punishable under Sections 370, 372, 373, 376(2)(f)(i)(n), 506 r/w 34 of the Indian Penal Code, under Sections 3, 4, 5, 6, 8 of Immoral Traffic (Prevention) Act, 1956 (PITA

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and under Sections 4 and 8 of Protection of Children from Sexual Offences

Act.

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Learned Counsel for the applicant seeks bail, both on merits,

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as well as on parity.

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Perused the papers. The only allegation, qua the applicant is that the applicant was providing customers to the survivors and had circulated the photographs of certain other girls (not the survivors). Admittedly, the applicant is not alleged to have raped the survivors nor is he alleged to have been present at the spot, where the prostitution activities were taking place. The allegation as against the applicant is that he was circulating the photographs of certain girls (not the survivors) to other persons and was providing customers to the survivor. It is not in dispute that the co-accused –Vijaykumar Singh, whose role is similar to that of the applicant, has been enlarged on bail by the trial Court. There are no antecedents, qua the applicant. No allegations have been made, as against the applicant, by any of the survivors. Investigation is complete and chargesheet is filed.

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Considering the aforesaid, the application is allowed and the

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applicant is enlarged on bail on the following terms and conditions:-

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ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the

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sum of Rs.25,000/- with one or more local sureties in the like amount;

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ii) The Applicant shall attend the concerned Police Station, on the first

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Sunday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;

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iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;

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iv) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

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vi) The Applicant shall co-operate in the conduct of the trial;

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vii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail.

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The Application is allowed and disposed of in above terms.

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It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

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All concerned to act on the authenticated copy of this order.

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(REVATI MOHITE DERE, J.)

Baburam Sobit Kesi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Baburam Sobit Kesi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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