Bombay High Court
Nihal Farnadis @ Nihal Santosh Vardhe vs State Of Maharashtra, Thr. P.S.O. ... on 5 August, 2019
Author: Manish Pitale
Bench: Manish Pitale
ba610.19.odt
1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIIMINAL APPLICATION (BA) NO. 610 OF 2019
Nihal Farnandis, @ Nihal Santosh Vardhe
-Vs.-
State of Maharashtra Through PSO, PS Frezarpura Tah. & Dist. Amravati
-----------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
-----------------------------------------------------------------------------------------------------------------------
Shri. Pratik Mehta Advocate for applicant.
Shri. A. D. Sonak, APP for non-applicant State.
CORAM : MANISH PITALE, J.
DATE : 05.08.2019 The applicant has approached this Court, seeking bail as he stood arrested on 18.05.2019, in connection with FIR, registered on the same date for offences under Sections 354, 342, 506, 109 of Indian Penal Code, as also the provisions of Protection of Children from Sexual Offences Act, 2012, against him and another person.
2. It is pointed out that the co-accused person was granted anticipatory bail by this Court. The complainant herein is a 15 years old girl, who has claimed that the applicant had taken her on his motorcycle to a room in "Nature Punjabi Dhaba" by threatening that if she did not accompany her, he would upload photographs of the complainant along with applicant on Facebook and Instagram. It ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:56:50 ::: ba610.19.odt 2/4 is alleged that the applicant took her on his motorcycle to a room in the said Dhaba and there he misbehaved with her and molested her leading to registration of the aforesaid offences.
3. The only role attributed to the co- accused person is that he had permitted the applicant to use the said room without seeking proper documents of identification and that he had allegedly charged certain amount to the applicant. Considering the role attributed to the co-accused person, this Court had granted anticipatory bail and imposed certain conditions on him. Considering the nature of allegations made by the complainant herein, grant of anticipatory bail to the co-accused would not necessarily inure to the benefit of the applicant herein.
4. In response to the notice issued by this Court, the learned APP has handed over reply on behalf of the non-applicant State, which is taken on record. In the said reply, it is stated that as per the complainant, she was taken by the applicant on the two wheeler by subjecting her to threat that the private photographs of the complainant and the applicant would be uploaded on social media i.e. Facebook and Instagram. It was submitted that considering the age of the victim, if the applicant is enlarged on bail, there was every possibility of the ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:56:50 ::: ba610.19.odt 3/4 applicant pressurizing and influencing the complainant and other witnesses.
5. Considering the allegation made in the present case and the fact that the applicant is behind bars since last three months, this Court is of the opinion that bail can be granted to the applicant subject to stringent conditions.
6. Accordingly, the present application is allowed and the applicant is directed to be released on bail in Crime No.572/2019, registered at Police Station Frezarpura, Tahsil and District Amravati on the following conditions :-
(A) The applicant shall furnish P.R. Bond of Rs.25000/- (Rupees Twenty Five Thousand only) and surety in the like amount.
(B) The applicant shall not enter the area of Congress Nagar, Amravati, where the complainant resides.
(C) The applicant shall attend Police Station Frezarpura, District Amravati, twice in a week i.e. on Monday and Friday of every month between 10.00 a.m. to 5.00 p.m. till filing of charge-sheet.::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:56:50 :::
ba610.19.odt 4/4 (D) The applicant shall not influence the witnesses in any manner and he shall not try to contact the complainant.
(E) The applicant shall not tamper with the evidence.
(F) The applicant shall surrender his mobile phone, if it is not already seized.
(G) The applicant shall not access his Facebook and Instagram Accounts till filing of charge-sheet.
7. Needless to say, violation of any of the aforesaid conditions will lead to cancellation of bail granted to the applicant.
8. It is made clear that the observations made in this order are limited to the question of grant of bail to the applicant.
JUDGE MP Deshpande ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:56:50 :::