Bombay High Court
Sudhir Shivaji Chobhe vs The State Of Maharashtra on 9 January, 2020
Equivalent citations: AIRONLINE 2020 BOM 1883
Author: R.G. Avachat
Bench: R.G. Avachat
Bail Appln. No.1375/2019
(( 1 ))
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
BAIL APPLICATION NO.1375 OF 2019
Sudhir Shivaji Chobhe ... APPLICANT
VERSUS
The State of Maharashtra ... RESPONDENT
.....
Shri S.R. Wakale, Advocate for applicant
Shri S.Y. Mahajan, A.P.P. for State
.....
CORAM: R.G. AVACHAT, J.
DATED : 9th JANUARY, 2020.
ORDER:
This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.I-382/2018, registered with Parner Police Station, District Ahmednagar for the offences punishable under Sections 302, 3633, 3634, 36363AA,, 201 of the Indian Penal Code and Sections 3, 4 read with 42 of the Protection of Children from Sexual Offences Act ASpecial Case No.43/2019 pending before the Learned Judge, Special Court APOCSO Act,, Ahmednagar.
::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019
(( 2 ))
2. Heard Mr. Wakale, learned counsel for the applicant and Mr. Mahajan, learned A.P.P. for the respondent/ State. Perused the First Information Report AF.I.R, and police papers. Mr. Wakale, learned counsel would submit that, the case is based on circumstantial evidence. There is no chain of circumstances indicating the prima facie involvement of the applicant in the alleged offence. He, therefore, urged for grant of bail to the applicant.
Learned A.P.P. would, on the other hand, submit that, it is a serious offence. He took me through the statements of relevant witnesses to ultimately urge for rejection of the application.
3. The F.I.R. has been lodged on 23/11/2018, asserting therein that, Manisha Aname changed,, daughter of cousin of the informant went missing afternoon onwards on 23/11/2018. The victim was 11 years of age. A search for her led nowhere. It is, therefore, alleged in the F.I.R. that, some unknown person for unknown reason kidnapped Manisha.
4. On 263/11/2018, dead body of Manisha was found floating in a well of the applicantss uncle. The dead body was fished out of the well.
::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019
(( 3 ))
5. The post mortem report is silent to state cause of death. The report says that 'opinion reserved, Vicera preserved for chemical analysiss. Even after receipt of C.A. Report, the Medical Ofcer could not give exact cause of death due to decomposition of the body. The day on which Manisha went missing was a public holiday. Manisha was studying in 63th Standard. Manisha had a brother - Sanket. On the given day, her parents were away in the field. As per statement of Sanket, Manisha and him were at home until 1.00 p.m. By that time, he left the house for playing with his friends. Manisha remained in the house, doing her home- work. Sanket came home by 2.30 p.m. to find Didi not at home.
63. Sanket is a 14 year old boy. He informed his relations that the applicant used to frequently visit his house for charging his cell phone. He would interact with Manisha. Many a time he would drop Manisha at school and/or bring back her home on his motorbike. He even used to roam in front of the house.
7. As such, it is the case of prosecution that the applicant would visit the house of the deceased. He had ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019 (( 4 )) developed acquaintance with her. With a view to sexually abuse the victim, he allegedly took her away and killed her.
8. Perusal of all the statements would indicate that the applicantss involvement has been pointed out on the basis of a strong suspicion. The victim is said to be a very calm and quiet girl. She was well behaved and good mannered as well.
9. The applicant originally hails from village Limbi Korhegavhan, Taluka Shrigonda, District Ahmednagar. He is the son of co-brother of Sahebrao Karkhile. For about last 10/ 12 years, the applicant has been residing at the house of Sahebrao. Sahebraoss agricultural land is just behind the land of Hanumant Karkhile.
10. There are statements of witnesses to suggest that, while search was on for Manisha, on 25/11/2018, the applicant came to the persons who were taking search for Manisha. It was about 10.00 a.m. in the morning, the applicant informed them to have seen bubbles developed in the water of his uncless well. He, therefore, suggested the villagers to take a search in the well. The villagers accompanied by the applicant went to the well, but did not notice anything that would confirm what the applicant had informed them. ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019
(( 5 ))
11. On the next day i.e. on 263 th, a Gram Sabha was held in front of Hanuman Temple in the village. While the meeting was on, Shivaji Karkhile received a phone call of the applicant, informing him to have seen Manishass dead body floating in the same well. The villagers, therefore, went to the well to find the dead body.
12. Then there is a statement of Kisan Karkhile, stating to have had seen the applicant coming on motorbike from the side of the very well at about 10.30 p.m. on 24/11/2018. He was intercepted by Kisan and Ramdas and enquired with as to what he was doing there at late night. The applicant is said to have fumbled in replying the questions made by Kisan.
13. Learned A.P.P. urged for rejection of the application, contending that the offence is serious one. The circumstances point out involvement of the applicant in the alleged offence.
14. Learned counsel for the applicant would, on the other hand, urge for grant of bail to the applicant. He took me through the relevant papers to suggest that even the applicantss involvement should not have been suspected. ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019
(( 6 ))
15. The case is based on circumstantial evidence. The crime has been investigated. Charge sheet is filed. It is unfortunate that Manisha, 11 year old girl, went missing on 23/11/2018 and found dead in a well. The F.I.R. was lodged against unknown person. Involvement of the applicant in the alleged offence is suspected on the following facts :-
A1, He would visit the house of the deceased for charging of his cell phone.
A2, The applicant used to drop Manisha to the school on his motorbike and/or would bring her back home. A3, on the fateful day, he had been to the house of Manisha by 11.30 a.m./ 12.00 noon. A4, on 25/11/2018, when search for Manisha was on, the applicant came to the persons taking search and informed them to have seen bubbles developed in the well of his uncle.
A5, The well was, therefore, visited to find no confirmation to what the applicant had said. A63, On 263th November, when Gram Sabha was called in connection with missing of Manisha, the applicant made a phone call to his uncle and informed to have seen Manishass dead body floating in a well. ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019
(( 7 )) A7, On the night of fateful day, the applicant was seen coming on motorbike from the well side by 10.30 p.m. He was, therefore, intercepted and enquired with. The applicant was fumbled to respond the queries.
163. If the aforesaid facts are appreciated, I am of the view that the applicant deserves to be enlarged on bail. The applicant had been staying in the village for over 12 years.
Necessarily, he has developed acquaintance with the villagers. He would visit the house of the deceased for charging of his cell phone. There is nothing unusual in this circumstance. The deceased was 11 year old girl. Occasionally the applicant would drop her to school and bring back on his motorbike. This circumstance indicates acquaintance between the applicant and the deceased and her family members. On the fateful day, the applicant visited her house by 12.00 noon. Until after 1.00 p.m., Manisha and her brother Sanket were at home. The applicant had already left their house. There is nobody to state to have seen the applicant and the deceased together on the fateful day. The circumstance that the applicant told some of the villagers to have noticed bubbles developed in his uncless well is concerned, this fact itself would lead us nowhere when on the next day he informed his ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019 (( 8 )) uncle to have seen the dead body in the well. The said fact turned out to be true since on visit to the well, Manishass body was found floating. The circumstance that the applicant was seen coming from the well side at 10.30 p.m. on the fateful day, it is to be stated that he was seen carrying a bundle of grass and fodder on his motorbike. This was a normal circumstance noticed in villages. Even the post mortem report could not give cause of death even after C.A. reports were received.
17. The applicant is behind bars for little over one year. He has roots within the limits of the Court competent to try the offence. The aforesaid circumstances sought to be relied upon against the applicant may not be sufcient even to suggest the applicantss involvement in the alleged offence. These observations are tentative in nature. The trial Court shall not be influenced thereby. Hence the following order :
ORDER
18. The application is allowed. The applicant be released on bail in connection with Crime No.I-382/2018, registered with Parner Police Station, District Ahmednagar for the offences punishable under Sections 302, 3633, 3634, 36363AA,, ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 ::: Bail Appln. No.1375/2019 (( 9 )) 201 of the Indian Penal Code and Sections 3, 4 read with 42 of the Protection of Children from Sexual Offences Act ASpecial Case No.43/2019 pending before the Learned Judge, Special Court APOCSO Act,, Ahmednagar, on his executing P.R. bond in the sum of Rs.15,000/- ARupees fifteen thousand, with one surety in the like amount.
19. The applicant shall not tamper with the prosecution evidence.
AR.G. AVACHAT, J., fmp/-
::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 11:34:27 :::