Bombay High Court
Birmal S/O. Limba Masal vs The State Of Maharashtra on 19 September, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
916-ABA-867-18
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 ANTICIPATORY BAIL APPLICATION NO. 867 OF 2018
BIRMAL S/O. LIMBA MASAL
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. Deshmukh H.D.
APP for Respondent-State : Mr. P. K. Lakhotia
.....
WITH
ANTICIPATORY BAIL APPLIATION NO. 721 OF 2018
WITH APPLN/2075/2018 IN ABA/721/2018
1. SANJUBAI W/O BALIRAM YELE
2. BALIRAM S/O SHRIRANG YELE
VERSUS
STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. Kishor R. Doke
APP for Respondent-State : Mr. P. K. Lakhotia
Advocate to assist APP : Mr. P. D. Dadpe h/f Mr. N. S. Tekale
.....
CORAM : V. K. JADHAV, J.
DATED : 19th SEPTEMBER, 2018
PER COURT:-
1. Heard the learned counsel appearing for the applicant in
criminal application no. 2075 of 2018. For the reasons stated in the
application, the same is allowed in terms of prayer clause "B" and
disposed of accordingly.
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2. The applicants in anticipatory bail application nos. 867 of
2018 and 721 of 2018 are seeking pre-arrest bail in connection
with crime no. 0035 of 2018 registered with Bhoom Police Station,
District Osmanabad for the offences punishable under Sections
363, 366(A), 452, 34 of IPC. Their application with similar prayer
bearing Criminal Bail Application No. 74 of 2018 came to be
rejected by the Additional Sessions Judge, Bhoom vide order dated
28.06.2018.
3. Learned counsel for the applicants in both the anticipatory
bail applications submit that the complaint has been lodged
belatedly. They submit that it has been alleged in the complaint
that a proposal was given for settlement of marriage of co-accused
Dada Baliram Yele with victim Pratiksha and the informant refused
the said proposal. Therefore, the victim Pratiksha was forcibly
taken away from the house under some inducement. Learned
counsel submit that except bare words of the
complainant/informant, there is no evidence at all against the
applicants to the effect that the victim was forcibly taken away by
them on the date of incident from the house of the informant.
Learned counsel submit that the applicant Birmal is 76 years of age
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and the other two applicants, who are parents of co-accused Dada,
are also above the age of 55 years. Learned counsel submit that in
the given set of allegations, custodial interrogation of the
applicants is not required.
4. Learned APP, assisted by Mr. P.D. Dadpe h/f Mr. N.S. Tekale,
Advocate, has strongly resisted the applications on the ground that
names of the present applicants are specifically mentioned in the
FIR and an explanation has been given in the complaint itself as to
why there was delay in lodging the complaint. Learned APP submit
that due to refusal of said marriage proposal, the present applicants
alongwith co-accused Dada, induced the victim and forcibly took
her away from the lawful custody of the informant. Learned APP
submits that the victim is still not traced out and even co-accused
Dada is also absconding. They have switched off their mobile
phones and as such, it is difficult to trace out both of them. Learned
APP submits that only after custodial interrogation of the present
applicants, the whereabouts of victim can be traced out. Learned
APP submits that so far as there are criminal antecedents of the
applicants, the first wife of co-accused Dada has committed suicide
and a crime under Section 306 of IPC came to be registered against
co-accused Dada and other accused persons. Learned APP submits
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that even two crimes are registered against the applicant Birmal.
Thus, all the applicants are not entitled for pre-arrest bail.
5. On careful perusal of the investigation papers and the
allegations made in the complaint, it appears that the informant
was alone near her house. She noticed that three male persons and
one female entered in her house and she had identified them as the
present applicants and co-accused Dada. However, except her bare
words in the complaint, there is no further connecting evidence
against the applicants to indicate their involvement in the alleged
crime. It is pertinent that not a single person from the surrounding
area or the village has noticed that the victim was forcibly taken
away by the applicants under inducement. Though the victim is yet
to be traced out, the applicants cannot be detained in jail to know
the whereabouts of the victim and also the absconding co-accused
Dada. So far as the antecedents of the applicants are concerned,
the only crime as against two applicants is in respect of abetment of
suicide of the first wife of co-accused Dada. So far as the crimes
registered as against accused Birmal are concerned, one crime is of
the year 1994 and the other crime, though recent one, is about the
offence punishable under Section 324 of IPC. Thus, considering the
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entire aspect of the case, I am inclined to grant pre-arrest bail to
the applicants with certain conditions. Hence the following order:
ORDER
I. Both the anticipatory bail applications are hereby allowed.
II. In the event of arrest of the applicant in anticipatory bail application no. 867 of 2018, namely, Birmal s/o Limba Masal and and applicant nos. 1 and 2 in anticipatory bail application no. 721 of 2018, namely, Sanjubai w/o Baliram Yele and Baliram s/o Shrirang Yele in connection with crime no. 0035 of 2018 registered with Bhoom Police Station, District Osmanabad for the offences punishable under Sections 363, 366(A), 452, 34 of IPC, they be released on bail on their furnishing P.B. of Rs.5,000/- each with one surety each of the like amount on the following conditions;
a. The applicants shall not tamper the prosecution evidence in any manner.
b. The applicants shall attend the concerned police station once in a week on every Sunday between 8.00 am to 11.00 am till filing of charge sheet.
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IV. The anticipatory bail application nos. 867 of 2018 and 721 of 2018 are disposed of accordingly.
( V. K. JADHAV, J.) vre/ ::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:11:42 :::