Bombay High Court
Vadiraj Bhimrao Naik vs State Of Maharashtra And Anr on 10 August, 2023
Author: Amit Borkar
Bench: Amit Borkar
910-aba-2259-2023.doc
SA Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2259 OF 2023
Vadiraj Bhimrao Naik ... Applicant
V/s.
SHABNOOR
AYUB
PATHAN
The State of Maharashtra & Anr ... Respondents
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2023.08.10
18:28:13 +0530
Mr. Ashok Mundargi, Sr. Advocate i/by Mr. Raviraj
Paramane, for the Applicant.
Mr. N. B. Patil, APP for the State-Respondent.
CORAM : AMIT BORKAR, J.
DATED : AUGUST 10, 2023
P.C.:
1. Leave to amend to scoring out names and other material revealing identities of children.
2. Amendment to be carried out before the next date.
3. Apprehending arrest in connection with C.R.No.I-162 of 2023 registered with Vadiwarhe police station, Nashik Rural for offences punishable under Sections 120-B, 354, 506 r/w 34 of the Indian Penal Code, 1860 (for short 'IPC'), under Sections 8, 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), under Section 3(1)(r) of the Scheduled Castes and the Scheduled extent and Tribes (Prevention of Atrocities) Act, 1989, and Sections 74, 75, 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the applicant is seeking relief of pre-arrest bail under Section 438 of the Code of Criminal 1 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 07:48:33 ::: 910-aba-2259-2023.doc Procedure, 1973 (for short 'Cr.P.C.').
4. The role attributed to the applicant is of forcing minor children to dance in front of unknown persons. It is also alleged that, on failure to perform dance, the teacher (Madhuri Gavali) at the instance of applicant used to beat of students by stick.
5. Learned APP has placed on record statements of six students. He states that the statements of six students involved in the activities are recorded. He states on instructions that the statements of other students were not recorded as they did not support prosecution's case. He further states that the Child Welfare Committee has recorded statements of students. The Child Welfare Committee has stated that unless there is order of the Court, copies of such statements cannot be handed over to the investigating officer.
6. It is necessary that investigation needs to be done for fair trial. Therefore, statements of all students need to be recorded in impartial manner.
7. Considering the role attributed to the applicant and on consideration of statements of six students, the applicant has made out a case for grant of interim relief. Hence, following order:
a) In the event of arrest in connection with C.R.No.I-162 of 2023 registered with Vadiwarhe police station, Nashik Rural for offences punishable under Sections 120-B, 354, 506 r/w 34 of IPC, under Sections 8, 12 of POCSO Act, under Section 3(1)(r) of the Scheduled Castes and the Scheduled extent and Tribes (Prevention of Atrocities) Act, 2 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 07:48:33 ::: 910-aba-2259-2023.doc 1989, and Sections 74, 75, 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the applicant be released on interim bail on furnishing P.R. bond of Rs.25,000/-, along with one or two sureties in the like amount.
b) The applicant shall remain present before the concerned police station on 14th, 16th and 18th August, 2023 between 11:00 am to 2:00 pm and thereafter, as and when called by the investigating officer.
c) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
d) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
e) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case.
8. The Child Care Committee shall submit copies of statements of students recorded by them in relation to subject of First Information Report (F.I.R.).
9. The investigating officer shall record the statements of remaining students and place them on record.
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10. Issue notice to respondent No.2, returnable on 4 September 2023.
(AMIT BORKAR, J.) 4 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 07:48:33 :::