Bombay High Court
Balasaheb Narsing Mule vs The State Of Maharashtra on 7 October, 2019
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
06-BA-2438-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2438 OF 2019
Balasaheb Narsing Mule .... Applicant
Versus
The State of Maharashtra .... Respondent
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Mr. Ghanasham S. Jadhav, Advocate for the Applicant.
Ms. S. S. Kaushik, APP for the State/Respondent.
Mr. Bapu Pandurang Bhujbal, HC/5667, Chandannagar Police
station, present.
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CORAM :SARANG V. KOTWAL, J.
DATE :07th OCTOBER, 2019
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No. 287 of 2019 registered with
Chandannagar Police Station, under sections 384, 328, 376, 420,
467, 468 and 506(2) of the Indian Penal Code, (for short IPC),
Section 66E, 67 and 67A of the Information Technology Act and
Section 3(2) of The Maharashtra Prevention and Eradication of
Human Sacrifice and other Inhuman, Evil and Aghori Practices and
Black Magic Act, 2013 (for short 'Said Act').
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2. The FIR is lodged on 16/07/2019. The FIR is quite
lengthy and runs into number of pages. The FIR mainly is directed
against the acts committed by one Aniket Pharate. It enumerates
many instances when this main accused lured the first informant
into performing different rituals and practices etc. There are very
serious allegations against the main accused Aniket of committing
rape on the informant on multiple occasions and threatening her.
The main accused has obtained huge amount from her, as well.
However, the applicant is not concerned with the allegations made
against the main accused Aniket. There are only a few allegations
against the applicant. In the FIR it is mentioned that, in the year
2015-2016 the informant's husband was admitted to Ruby Hospital
for treatment. The informant's servant Khandekar suggested to her
that they could perform some rituals from the present applicant for
giving relief to the informant's husband. The main accused Aniket
came to know about that suggestion. He took that suggestion
forward and told the informant that he along with the applicant
could perform some rituals and informant's husband's illness could
be cured within a short time. It is alleged that the applicant
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demanded and obtained Rs.80,000/- from the informant. It is her
case that the main accused Aniket demanded separate amount for
himself. He further told the informant that he and the applicant
would perform rituals. The main accused Aniket told her that he
had brought various articles for performing that ritual which
included dolls, teeth of animal etc. After performing rituals there
was no improvement in the informant's husband's health. The FIR
thereafter describes many instances in which Aniket cheated her,
obtained huge amount from her and committed rape on her. But
for those acts there is no whisper in the FIR against the applicant.
On this basis, the FIR was lodged against Aniket Pharate. But since
there are allegations of commission of offence U/s.3(2) of the Said
Act, the applicant was arrested on 18/07/2019 and since then he
is in custody.
3. Heard Shri. Ghanasham Jadhav, learned counsel for
the applicant and Ms. S. S. Kaushik, learned APP for the
State/Respondent.
4. Learned counsel for the applicant submitted that the
FIR itself shows that the informant did not make any serious
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allegations against the applicant. In fact, main accused Aniket was
insisting that the informant should lodge the FIR against the
applicant. The informant had refused, because she had suffered
loss to the tune of Rs.80,000/-, but she did not give much
importance to that fact and she did not want to lodge FIR. He,
therefore, submitted that since there are no allegations of
commission of serious offence against the applicant, he should be
granted bail. Learned APP submitted that the investigation is
almost over and the charge-sheet is likely to be filed within a
period of one week from today. She submitted that, it appears that
the applicant was knowing the intention of the main accused
Aniket and in some ways he had helped the main accused in
committing the offence. She, therefore, resisted grant of bail to the
applicant.
5. I have considered these submissions and I have
perused the papers of investigation, which contains house search
panchanama carried out on 18/07/2019, in which, some articles
like lemon, black doll, snake's skin and some teeth of some
animals were recovered. The applicant has indeed indulged in
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practices which would be covered U/s.3(2) of the said Act.
However, the informant had refused to lodge FIR against the
applicant. The main accused Aniket Pharate wanted to implicate
the applicant on false allegations. This itself shows, at this stage,
that the applicant was not hand in glove with the main accused
Aniket Pharate. The main accused had committed all these serious
offences, therefore, at this stage, considering the fact that the
applicant is already in custody since 18/07/2019 and the
investigation is almost over, I am inclined to grant bail to the
applicant with some conditions.
6. Hence, the following order :
ORDER
(i) In connection with C.R. No. 287 of 2019 registered with Chandannagar Police Station, Pune, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
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(ii) The applicant shall attend the concerned police
station once in a month for the period of one year from today.
(iii) The applicant shall not indulge in any activities covered under the said Act in future.
(iv) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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