Bombay High Court
Ambadas S/O Gopinath Chavan vs The State Of Maharashtra on 14 July, 2020
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
908.ABA.576.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.576 OF 2020
Ambadas s/o Gopinath Chavan,
Age : 24 years, Occ: Labour,
R/o Jyoti Tanda, Aloor
Tq Omeraga, Dist. Osmanabad ... Applicant
(Ori. Accused)
VERSUS
The State of Maharashtra,
through the Police Inspector,
Police Station, Murum, Tq. Omeraga
Dist. Osmanabad. ... Respondent
...
Advocate for Applicants : Mr. Ramchandra S. Patil
APP for Respondent/State: Mrs. D.S. Jape
...
CORAM : MANGESH S. PATIL, J.
DATE : . 14.07.2020 PER COURT :
Heard both the sides. This is an application under Section 438 of the Code of Criminal Procedure. The applicant is seeking bail in the event of his arrest in connection with Crime No.0012/2020 registered with Murum Police Station for the offence punishable under Section 305 of the Indian Penal Code.
2. In substance it is alleged that the deceased was a girl aged 17 years. She committed suicide by setting her self ablaze, leaving behind a suicide note, alleging that she was having an affair with the applicant but he 1/2 ::: Uploaded on - 15/07/2020 ::: Downloaded on - 16/07/2020 03:09:30 :::
908.ABA.576.2020.odt ditched after ravishing her and he should not be spared. She succumbed to the burn injuries on 21.01.2020 at 4.00 am.
3. Learned advocate for the applicant vehemently submits that accepting the allegations at their face value, at the most it can be said that he was having an affair with the deceased. He is being implicated simply on the basis of the statement in the suicide note about having been ravished without there being particulars about he having ever sexually exploited her. In vernacular words 'Ijjat Lutli' do not convey the particulars. The applicant is ready to cooperate the Investigating Officer. His custodial interrogation is not necessary and it is a fit case where he deserves to be granted anticipatory bail.
4. Learned APP opposes the application.
5. Though the matter is coming for the first time, going by the allegations in the FIR which also refers to the contents of the suicide note, involvement of the applicant in the crime is explicit. It specifically conveys that the deceased was sexually exploited and was ditched by him. Thus there is such a material revealing his involvement in commission of the crime. Coupled there with is the fact that going by the age of the deceased, even the provisions of POCSO Act may come into picture. In my considered view, custodial interrogation of the applicant is imperative. No leniency can be shown to the applicant.
6. The Application is rejected.
(MANGESH S. PATIL, J.) habeeb 2/2 ::: Uploaded on - 15/07/2020 ::: Downloaded on - 16/07/2020 03:09:30 :::