High Court allowed anticipatory bail application. Transformation of interim protection to absolute bail with conditions against tampering and influence in a sexual offence case.
Interim protection order made absolute; applicant not to tamper with evidence or influence witnesses; applicant to cooperate with court.
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.
Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2024.08.28 01:40:45 +0530
3-aba-63-2022.doc
Chitra Sonawane.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Anticipatory Bail Application No. 63 of 2022
Vaibhav Arun Wagh Age 36 years, Occ. Agriculture, R/at. Gaothan, Limtek, Pimpali, Pune, Maharashtra – 413 102.
...Applicant
Vs.
The State of Maharashtra (At the instance of Karmala Police Station Solapur Rural vide C.R. No.846 of 2021)
...Respondent
Mr Mithilesh Mishra i/b. Mr Yuvraj Patil, for the applicant. Mr Swapnil Pednekar, APP for the respondent/ State.
Coram: R. N. Laddha, J. Date: 27 August 2024
P.C.
This is an application for pre-arrest bail filed by the applicant, apprehending arrest in CR No.846 of 2021, registered at Karmala Police Station, Solapur Rural, for the offences punishable under Sections 354-A, 354-C, 376(2)(n), 376-D, 385, 506 read with 34 of the Indian Penal Code and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
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3-aba-63-2022.doc
Chitra Sonawane.
using vulgar language while talking to the prosecutrix and threatening her with consequences if she revealed anything.
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3-aba-63-2022.doc
Chitra Sonawane.
allegedly took her indecent photographs and threatening her with grave consequences if she revealed anything. The learned APP, however, acknowledges the applicant’s cooperation with the investigation, rendering his custody unnecessary. The investigation has concluded and a charge sheet has been filed. Nothing is to be recovered or discovered at the instance of the applicant. The applicant has been under interim protection for over two years. Suitable conditions can be imposed to address the prosecution’s concerns about evidence tampering and witness influence. Hence, the following order:
ORDER
i) The interim protection granted to the applicant by this Court on 12 January 2022 is made absolute.
ii) The applicant, himself or through any other person, shall not tamper with the evidence or influence the witnesses.
iii) The applicant shall cooperate with the jurisdictional Court for the expeditious disposal of the case.
(R. N. Laddha, J.)
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3 issues framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in a case involving sexual offences.
Whether conditions can be imposed to prevent evidence tampering and witness influence.
Whether existing interim protection order should be made absolute.
2 provisions across 2 enactments
Vaibhav Arun Wagh
The State of Maharashtra
R. N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
