Vimal S/O Shankar Date vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Vimal S/O Shankar Date vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant enlarged on bail on executing a PR Bond of Rs.1,00,000/- with one or two local sureties in the like amount, subject to conditions: (ii) not to enter the State of Maharashtra save and except for attending the trial Court; (iii) to attend the trial Court on each and every date unless exempted; (iv) to deposit her passport with the concerned Police Station if not already deposited; (v) not to leave India without permission of the trial Court; (vi) not to tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; (vii) to inform her latest place of residence and mobile contact number to the Court seized of the matter and the Investigating Officer; (viii) to cooperate with the conduct of the trial; (ix) any infraction shall entail cancellation of bail.

Issue for consideration

Whether the Applicant (Vimal S/o Shankar Date), arraigned in C.R. No.79 of 2023 of Badlapur (E) Police Station for offences punishable under Sections 366, 376(n), 370, 506 r/w Section 34 IPC, should be enlarged on bail.

Court's answer

Parity: the co-accused (Accused No.2), who allegedly paid Rs.1,50,000/- to the Applicant for marrying the victim/complainant, has already been enlarged on bail.

Ratio / Principle

The complainant is an adult aged 30 years who herself accompanied her aunt (the Applicant) to Gujarat, albeit under the pretext of getting a job.

Key takeaways

The Applicant is a senior citizen aged 60 years, in custody since 15th March, and charges have not been framed till date.ratio¶35
The trial is unlikely to conclude in the foreseeable future and no purpose will be served by continuing the Applicant's incarceration; this is a fit case for grant of bail.ratio¶38
The observations in the order are prima facie and confined to this Application; the learned trial Judge is to decide the case on its own merits, uninfluenced by these observations.obiter

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 366, 376(n), 370, 506 r/w Section 34 IPC, C.R. No.79 of 2023, Badlapur (E) Police Station — Applicant, maternal aunt of the 30-year-old complainant, alleged to have taken her to Gujarat under the pretext of a job and married her off to Accused No.2 for a consideration of Rs.2,00,000/- — Accused No.2, who allegedly paid Rs.1,50,000/- to the Applicant, already enlarged on bail by order dated 30.04.2025 of the Additional Sessions Judge, Kalyan (parity) — complainant an adult who herself accompanied the Applicant — Applicant a 60-year-old senior citizen in custody since 15.03.2023, charge-sheet filed in May 2023 but charges not framed, trial unlikely to conclude in the foreseeable future — bail on PR bond of Rs.1,00,000/- with one or two local sureties, with conditions including a bar on entering Maharashtra except for attending trial, deposit of passport, no leaving India without permission, and no contact with complainant/witnesses — observations prima facie and confined to the application.

Prasad Rajput

(P.A.) 28-BA-941-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.941 OF 2025

Vimal S/o Shankar Date …Applicant Versus State of Maharashtra and Anr. …Respondents

Mr. Aditya Rai a/w Vayukumar Tiwari and Mayur Sosa i/by Abhay Bhoir, for the Applicant.

Ms. Shraddha Pawar , appointed Advocate for the Respondent No.2 through legal aid.

Mr.Kiran C. Shinde , APP for the Respondent – State. PSI – Govind Chavan, Badlapur (E) Police Station, present.

CORAM DR. NEELA GOKHALE, J. DATED: 22^ND SEPTEMBER 2025

PC:-

1. By this Application, the Applicant seeks her

enlargement on bail in connection with C.R.No.79 of 2023 dated 15.03.2023 registered with the Badlapur (E) Police Station, for the offences punishable under Sections 366, 376 (n), 370, 506 read with Section 34 of the Indian Penal Code, 1860 (for short the ‘ IPC ’).

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Prasad Rajput (P.A.) 28-BA-941-2025.doc

2. It is the case of the prosecution that the victim aged 30 years was living in Mumbai with her family. On 18^th February, 2023 on 09:30 in the morning, the Applicant, the maternal aunt of the complainant, aged 60 years of age promised the victim / complainant that she will procure a job for her in Gujrat and that she should accompany her without informing her mother. Accordingly, the victim / complainant accompanied the Applicant to Gujrat where she was married off to the Accused No.2. It is also the allegation of the prosecution that an amount of Rs.2,00,000/- was given by the Accused No.2 to the Accused No.1 as consideration for solemnizing the said marriage. Thereafter, the victim / complainant was ill-treated by the Accused No.2’s family members and hence she returned to the Applicant’s house and from there came to Mumbai. It is thus, the allegation of the prosecution that Applicant sold the victim / complainant to the Accused No.2 for an amount of Rs.2,00,000/- as consideration for marriage. On returning to Mumbai, the

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complainant lodged the complaint and the FIR came to be registered.

3. The Applicant made an Application seeking bail before the trial Court. However, by order dated 15^th June, 2023, her Bail Application was rejected. Hence, the Applicant has filed present Bail Application for the reliefs as prayed.

4. At the very outset, Mr.Aditya Rai, learned counsel for the Applicant has tendered an order dated 30^th April, 2025, passed by the Additional Sessions Judge, Kalyan granting bail to the Accused No.2. The same is taken on record. From the order it is evident that Accused No.2 who is the person to whom the Applicant got the victim / complainant got married for consideration is granted bail.

5. Secondly, Mr.Rai also pointed to the statement of victim / complainant, wherein the complainant has stated that although she did not like Accused No.2, her aunt i.e. the Applicant forced her to marry him. The complainant however,

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Prasad Rajput (P.A.) 28-BA-941-2025.doc

states that when Accused No.2’s family did not treat her property, she returned to her aunt’s house and thereafter came to Mumbai. Mr.Rai further submits that the Applicant was arrested on 15^th March, 2023 and although the charge-sheet has been filed in May, 2023, till date charges are not framed. He thus, prays that Applicant be released on bail.

6. Per contra, Mr.Kiran Shinde, the learned APP has brought to my attention the statement of sister-in-law of Accused No.2 wherein it is stated that the Accused No.2 himself told her that he had paid Rs.1,50,000/- to the victim / complainant’s aunt for the purpose of marrying the victim / complainant. Learned APP also states that there are other statements of witnesses which are consistent with the statement of the sister-in-law of the Accused No.2. He points to the statement of the complainant recorded under Section 164 of the Cr.PC, which is also consistent with her complaint. In these circumstances, he states that an offence is clearly made out and resists the bail application.

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7. Ms.Shraddha Pawar, learned appointed Advocate

also supports the arguments made by the Mr.Shinde.

8. I have heard learned counsel for the respective

parties and perused the papers with their assistance.

9. Admittedly, the co-accused namely the person who allegedly paid Rs.1,50,000/- to the Applicant herein for the purpose of getting married to the victim / complainant is already enlarged on bail.

10. It is apparent from the statement of complainant that she is 30 years of age. She is an adult and she herself accompanied her aunt to Gujrat, albeit under the pretext of getting a job.

11. The Applicant is senior citizen aged 60 years. She is in custody from 15^th March, 2025 and till date charges are not framed. It is unlikely that trial will conclude in the foreseeable future and no purpose will be served by

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Prasad Rajput (P.A.) 28-BA-941-2025.doc

continuing the incarceration of the Applicant. In that view of the matter, I am of the opinion that this is a fit case for grant of bail. Hence, I pass following order:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.1,00,000/ (Rupees One Lakh only) with one or two local sureties in the like amount;

ii) The Applicant shall not enter the State of Maharashtra, save and except for the purpose of attending the trial Court;

iii) The Applicant shall attend the trial Court concerned on each and every date unless exempted by the orders of the trial Court concerned;

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iv) If the Applicant has not deposited her passport, the Applicant shall deposit the same with the concerned Police Station;

v) The Applicant shall not leave India, without the permission of the trial Court;

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

vii) The Applicant shall inform her 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 Court seized of the matter and to the Investigating Officer of the concerned Police Station;

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Prasad Rajput

(P.A.) 28-BA-941-2025.doc

viii) The Applicant to co-operate with the

conduct of the trial; and

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

12. Application is allowed in the above terms and is accordingly disposed of.

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

(DR. NEELA GOKHALE, J)

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