Bombay High Court
Urmila @ Aunty Ajay Singh vs The State Of Maharashtra on 21 January, 2021
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
15. Cri. B. A. No. 3194-2019.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3194 OF 2019
Urmila @ Aunty Ajay Singh .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. M. K. Kocharekar, Advocate, for the Applicant
Mr. S. V. Gavand, APP, for the Respondent - State
CORAM : REVATI MOHITE DERE, J.
DATE : 21.01.2021
P. C.
. Heard learned counsel for the parties.
2. By this Application, the Applicant seeks her enlargement on
bail in connection with C. R. No. 312 of 2019 registered with the
Bhiwandi City Police Station, Thane, for the alleged offences
punishable under Sections 363, 372 r/w 34 of the Indian Penal Code and
under Section 81 of the Juvenile Justice Act.
3. Learned counsel for the Applicant submits that the
Applicant has been falsely implicated in the said case. He submits that
the Applicant admits to have purchased the child, aged one year, but
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according to her, it was for her sister-in-law for adoption, as she had
undergone several abortions. He submits that the two co-accused -
Rohit and Suraj had falsely disclosed to the Applicant that the child was
of a prosecutrix and as the prosecutrix did not want the child, the child
was handed over to the Applicant, for a consideration. He submits that
in the facts, the ingredients of Section 372 of the Indian Penal Code are
clearly not attracted. He further submits that admittedly, the Applicant is
not a party to kidnapping of the child nor is it the case of the
prosecution that the minor was kidnapped for the purpose of
prostitution. He submitted that the other two co-accused, who
kidnapped the child i. e. Rohit and Suraj have been released on bail. He
submits that having regard to the facts, the Applicant may also be
enlarged on bail.
4. Learned APP opposed the Application.
5. Perused the papers. According to the prosecution, a child
named Ashik, aged about one year went missing, pursuant to which his
father - Chandul Harjan lodged a complaint / FIR with the Bhiwandi
Police Station, Thane as against unknown person. The Complainant -
Chandul Harjan has alleged that on the intervening night of 02.06.2019
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and 03.06.2019, his one year old child was kidnapped from his lawful
custody. Pursuant thereto, the Applicant and two other co-accused -
Rohit and Suraj were arrested. The child was found in Uttar Pradesh
with the Applicant's family. A perusal of the remand report dated
15.06.2019 reveals that the Applicant had disclosed to the concerned
police officer, that at the time of her brother's demise, his wife
( Applicant's sister-in-law ) was seven months pregnant, however, due
to some medical problems, the child had to be aborted; that her mother,
had on earlier occasion suffered two heart attacks and apprehending
danger to his life, and to give purpose for her sister-in-law to live, the
Applicant decided to adopt a minor child, and give it to her
sister-in-law, for declaring the son as her own, the Applicant bought the
child. The remand report further discloses that the Applicant disclosed
her intention to co-accused - Rohit and Suraj, who were residing near
the Applicant's house, pursuant to which, co-accused - Rohit and Suraj
told her that one prostitute wanted to give her child on her own volition,
for a consideration. Pursuant thereto, the co-accused handed over the
child to the Applicant for a consideration of Rs. 10,000/- after which the
Applicant took the child to Uttar Pradesh to her house. Prima facie, it
appears that the Applicant was not involved in the act of kidnapping the
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child. The Applicant's case is her defence, which will be tested at the
time of trial. Be that as it may, the Applicant, a lady is in custody since
12.06.2019. The Applicant has no antecedents. Investigation is complete
and charge-sheet is filed. The co-accused - Rohit and Suraj have
already been released on bail.
6. In the peculiar facts of this case, having regard to what is
stated hereinabove, the Application is allowed and the Applicant is
enlarged on bail on the following terms & conditions :-
ORDER
(i) The Applicant be enlarged on bail, on executing P. R. Bond in the sum of Rs. 20,000/- with one or two local sureties in the like amount;
(ii) The Applicant shall attend the concerned Police Station on the first Sunday of every month between 10:00 a. m. and 12:00 noon till the conclusion of the trial;
(iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iv) The Applicant shall inform her latest place of residence and mobile contact number immediately after being released and/or 4 of 6 ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 11:33:07 :::
15. Cri. B. A. No. 3194-2019.doc 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;
(v) The Applicant shall not leave Mumbai & Thane without the prior permission of the trial Court;
(vi) The Applicant to co-operate with the conduct of the trial and attend the trial Court on all the dates, unless exempted;
(vii) The Applicant shall file an undertaking with regard to clauses (ii) to (vi), in the Registry of the trial Court, within two weeks of her release;
(viii) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the Applicant's bail.
7. The Application is allowed in the aforesaid terms and is accordingly disposed of.
8. It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
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15. Cri. B. A. No. 3194-2019.doc All concerned to act on the authenticated copy of this order digitally signed by Personal Assistant / Private Secretary.
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