Bombay High Court
Japhar Aayatali Shaikh vs The State Of Maharashtra on 7 March, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
spb/ 922ba146-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Cri. BAIL APPLICATION NO. 146 OF 2019
Japhar Aayatali Shaikh ... Applicant.
V/s.
The State of Maharashtra ... Respondent.
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Ms. Anjali Patil, Advocate, for the Applicant.
Mrs. G. P. Mulekar, APP for the State.
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CORAM : PRAKASH D. NAIK, J.
DATE : MARCH 07, 2019.
PC :
1 The applicant is seeking bail in CR No. 492 of
2018, registered with Sakinaka Police Station, for the offences
under sections 376, 506 (2), 114 of the Indian Penal Code,
read with sections 4 and 8 of POSCO Act, 2012.
2 The first information report was lodged by the
mother of victim on 02.08.2018. It is alleged by the
complainant that the victim was found in disturbed state of
mind and hence, enquiries were made with her on
01.08.2018. She had informed that on 13.07.2018, the victim
had left with the co-accused - Shabad on his motorcycle. The
applicant-accused also accompanied them. The Applicant
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took her to a place, where the applicant had allegedly tied the
hands of victim and the co-accused had sexual intercourse
with the victim. The complainant also stated that since last
one year, the victim used to get phone calls from the co-
accused-Shabad and she had suspected that the victim was
having affair with him and that the complainant had warned
her daughter not to talk to co-accused Shabad. Statement of
the victim was recorded on 16.08.2018 in which she had
stated that she had liking for co-accused-Shabad. She also
narrated the incident occurred on 13.07.2018.
3 The applicant was arrested on 02.09.2018.
Investigation is completed and the chargesheet is filed.
4 Learned counsel for the applicant submitted that
the age of victim is around 17 years, which is apparent from
the school record, which fact is also disclosed by the victim as
also with regard to medical examination performed by the
doctor. Learned counsel for the applicant also pointed out that
the co-accused - Shabad had preferred an application for bail
before the Sessions Court in which the complainant had filed
an affidavit, stating that the FIR was lodged by her in anger
and the complainant is going to approach the High Court for
quashing the said complaint. The said application for bail is
pending in the Sessions Court.
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5 Learned APP submits that the victim was minor at
the time of the incident. A specific role has been attributed to
the applicant. The applicant has aided and abetted the co-
accused in the crime.
6 In the first information report, complainant had
stated that the victim was having love affair with co-accused-
Shabad. As per the FIR and the statement of the victim, the
victim had left with the co-accused on 13.07.2018 and the
incident had occurred on the same day. The role attributed to
the applicant is tying hands of the victim and facilitating the
co-accused to commit the sexual assault. The incident had
occurred on 13.07.2018; whereas the FIR was lodged on
02.08.2018. The victim has also stated that she had liking for
co-accused-Shabad. The applicant has no criminal antecedents.
7 Considering the factual matrix of the mater, a case
for grant of bail is made out by the applicant. Hence, I pass
following order :
ORDER
i. Bail Application No. 146 of 2019 is allowed and disposed of.
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ii. The applicant is directed to be released on bail in
connection with CR No. 492 of 2018, registered with Sakinaka Police Station, on furnishing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.
iii. The applicant is permitted to furnish cash security in the sum of Rs. 25,000/- for a period of six weeks.
iv. Applicant shall report to concerned police station once in a month, on first Saturday of month between 11 a.m. to 1 p.m. till further orders.
v. The applicant shall not tamper with prosecution evidence.
(PRAKASH D. NAIK, J.) .....
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