Bombay High Court
Mohd. Altaf Mohd. Multan Ansari vs The State Of Maharashtra And Anr on 18 November, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
(18)BA-3618-2021.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3618 OF 2021
Mohd. Altaf Mohd. Multan Ansari ] .. Applicant
vs.
State of Maharashtra & Anr. ] .. Respondents
Mr.Mintoo Gond a/w Kamlesh Mishra for the Applicant.
Mr.Babu Singh i/b Jigar Agarwal for the Intervenor.
Mr.S.V. Gavand, APP for the State.
PSI B.D. Chawan, Sakinaka Police Station present.
CORAM : BHARATI DANGRE, J
DATE : 18th NOVEMBER, 2022.
P.C.
1] On instructions, in furtherance of the last order, the learned APP
informed that the victim girl is already married. In the wake of aforesaid
statement, there is no question of performance of marriage between
the Applicant and the complainant.
2] I have perused the charge-sheet. The Applicant is charged for
committing offence punishable under Section 363, 376, 504, 506 of the
Indian Penal Code read with 4, 8 and 12 of the POCSO Act.
3] The investigating agency was set into motion on the complaint
filed by the grandmother of the victim, informing police that her grand-
daughter aged 16 years went missing and she learnt that she was
abducted by the present Applicant.
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It is pertinent to note that the Applicant is a young boy, aged 24
years. The victim girl was traced after 6 days and her statement came
to be recorded on 06/12/2020 where she alleged that the Applicant had
subjected her to forcible sexual intercourse.
4] The statement of the victim girl came to be recorded before the
Magistrate on 23.12.2020, wherein, she has stated that she was
acquainted to the Applicant as he was working in the same company
where she was engaged. She stated that bond of friendship developed
between them and he proposed to her. She categorically admitted that
they shared a love relationship. She further stated that on 26.11.2020
the Applicant asked her as to whether she is ready to accompany him
to Sherehand to which she consented and that is how on her own will
she accompanied him to Vikhroli, where they stayed till 05.12.2020
during which physical contact was established between them.
In her statement recorded under Section 164 of the Cr.p.C. she
do not utter any single accusation that physical relationship was
established without her consent.
5] Considering the fact that the Applicant though minor was aged 17
years and capable of understanding the consequences of her act and
she has categorically stated that she was in love with the Applicant and
when she do not allege that physical indulgence was made without her
consent, I deem it appropriate to release the Applicant on bail.
6] The observations made above are prima facie in nature and
limited for the purpose of determination of the present Application and
the learned Judge trying the Applicant for the offences, with which he is
charged, shall not in any manner be influenced by the above order.
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Hence, the following order :
ORDER
(a) Application is allowed.
(b) Applicant - Mohd. Altaf Mohd. Multan Ansari
shall be released on bail in connection with C.R.No. 1285 of 2020 registered with Sakinaka Police Station on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.
The Applicant shall be released on cash bail of Rs.25,000/- for a period of six weeks in lieu of sureties. During the said period the applicant shall arrange for the sureties.
(c) The applicant shall report to the concerned Police Station once in three months on Monday between 10.00 a.m. to 12.00 noon.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.
(e) The Applicant shall regularly attend trial, on every date, unless he is exempted.
(f) Upon release, the Applicants shall furnish their contact numbers and permanent residential addresses to the Investigating Officer and shall keep him updated in case of change in the same.
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