Allowed

Seema Jayabahadur Gurang v. the State of Maharashtra

Bombay HC31 Jul 2021ABA/1461/2019

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed by the applicant apprehending arrest under Sections 366-A, 376, 370-A, 372 read with Section 34 of IPC and other provisions relating to the Protection of Children from Sexual Offences Act, 2012 and the Immoral Traffic (Prevention) Act, 1956.

What did the court decide?

The applicant shall be released on bail on executing a surety bond of Rs. 25,000/- with conditions prohibiting contact with the survivor or witnesses.

Seema Jayabahadur Gurang Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1461 OF 2019

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Seema Jayabahadur Gurang.. Applicant
 V/s.

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The State of Maharashtra..Respondent

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Mr. I.S. Thakkar a/w Mr. Arjun Singh i/b Global Juris Consults for
the Applicant.

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Mr. Y.Y. Dabke, APP for the Respondent/State.

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CORAM : C.V. BHADANG, J.

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DATE : 31ST JULY, 2021
(Through Video Conferencing)

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P.C.

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1.The Applicant apprehending arrest in connection with
investigation of Crime No. I-352 of 2018 of police station Bhiwandi
City under Section 366-A, 376, 370-A, 370(2)(3)(4), 372 read with
Section 34 of IPC and Section 3, 4 and 5 of the Immoral Traffic
(Prevention) Act, 1956 and under Section 4, 8, 12 of the Protection
of Children from Sexual Offences Act, 2012 and Section 75 and 81
of the Juvenile Justice (Care and Protection of Children) Act, 2015,
is seeking anticipatory bail.

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Sneha Chavan page 1 of 3

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2. The allegation is so far as the Applicant is concerned, is that she had procured the minor, who is the survivor and induced her into flesh trade.

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3.I have heard the learned Counsel for the Applicant and the
learned APP. The record discloses that interim protection was
refused to the Applicant on 09.07.2019 and thus, since more than 2
years, the Applicant is without any protection. According to the
Applicant, the name of the Applicant does not figure in the FIR
inasmuch as the FIR only mentions one Seema aunty.

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4. The learned APP states that in the statement under Section

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164 of Cr.P.C. of the Survivor, the name of the Applicant figures.

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5.I have perused the statement made by the Survivor under
Section 164 of Cr.P.C. Prima facie it appears that the said statement
also refers to one Seema without full name. The learned APP points
out that the investigation is complete and the chargesheet is filed.

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6. Considering the over all circumstances, the following order is

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passed:

page 2 of 3

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ORDER

i)In the event of arrest, in connection with the
investigation of Crime No. I-352 of 2018 registered with Bhiwandi
City Police Station, the applicant shall be released on bail on
executing a PR Bond in the sum of Rs.25,000/- with one or two
solvent sureties in the like amount.

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ii)The Applicant shall not directly or indirectly make any
attempt to contact the survivor or the witnesses and shall not
otherwise tamper with the prosecution evidence.

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iii)In the event of breach of any of the conditions, the bail

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is liable to be cancelled.

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C.V. BHADANG, J.

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Sneha Chavan page 3 of 3

Seema Jayabahadur Gurang v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Seema Jayabahadur Gurang v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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