Elic Turner vs State of Maharashtra

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNSS ”) seeking pre-arrest bail in connection with C.R. No.227 of 2024 registered on 24^th March 2024 with Wanwadi Police Station, Hadapsar Pune City, Pune for

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the offences punishable under Sections 354-A, 380, 452 and Section 406 of the Bharatiya Nyaya Sanhita, 2023 (“ BNS ”).

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As per the prosecution case, the First Informant was staying in the rented premises since September 2023 belonging to the Applicant. On 11^th January, 2024 the Applicant entered the said house when Informant was present and talked with her in filthy language and hold her hand. She felt ashamed and decided to leave the premises and on 15^th January 2024 she went to reside at Mumbai with her parents. Subsequently, on 23^rd March 2024 she returned to vacate the premises along with her father. At that time she had noticed that landlord has stolen her golden ornaments and cash.

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Mr. Aman Dutta, learned Counsel appearing for the Applicant states that the FIR is totally false. He produces additional compilation inter alia containing certified copies of WhatsApp chats exchanged between the Applicant and the Complainant. He points out WhatsApp chat dated 31^st January 2024 wherein, the First Informant has informed the Applicant that she has to move to Mumbai by the end of February as there is family emergency and

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therefore, she would have to vacate the premises. He therefore, submits that the FIR which has been lodged making allegation of molestation which has allegedly taken place on 11^th January 2025 is totally false. He submits that, the FIR is lodged on 24^th March 2024 i.e. after more than 2 months of the alleged incident. He further submits that in any case, the chargesheet is filed and therefore, the Applicant be granted Anticipatory Bail. He submits that there are no antecedents.

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Ms. Newton, learned APP strongly opposes the Anticipatory

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Bail Application. She submits that the offence is very serious. However, on instructions, she submits that the chargesheet is filed on 19^th March 2025.

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As the chargesheet is filed the investigation is completed. There are no other antecedents. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

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O R D E R

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(a) In the event of arrest of the Applicant- Elic Turner in connection with C.R. No.227 of 2024 registered with

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the Wanwadi Bazar Police Station, Hadapsar, Pune City, Pune the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.10,000/- with one or two solvent sureties in the like amount.

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(b) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called.

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(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

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