Bombay High Court
Sonu @ Sonba S/O Himmant Mahanoor vs State Of Mah., Thr. Pso Ps Mana Tq ... on 19 July, 2019
Author: Manish Pitale
Bench: Manish Pitale
ba564.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRI. APPLN. (BA) NO. 564 OF 2019
Sonu @ Sonba s/o Himmant Mahanoor
-Vs.-
State of Mah., thr.PSO, PS Mana, Tah.Murtizapur, Dist.Akola
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.R.M.Daga, Advocate for the applicant.
Mr.V.P.Maldhure, APP for the non-applicant.
CORAM : MANISH PITALE, J.
DATE : 19.07.2019.
The applicant herein has approached this Court seeking bail as he stood arrested on 09/04/2019 in connection with FIR dated 07/03/2019 for offences punishable under sections 363, 366, 504 and 506 of the Indian Penal Code as also sections 4, 5 and 6 of Protection of Children from Sexual Offences Act, 2012.
2. The incident in question in the present case occurred when the applicant and the victim i.e. daughter of the complainant, both ran away from the place of residence of the victim with the intention of getting married. On 07/03/2019, the said FIR stood registered against the applicant at the behest of the father of the victim. On 09/04/2019, the applicant and the victim were confronted by the Police and at this stage, the KHUNTE ::: Uploaded on - 20/07/2019 ::: Downloaded on - 21/07/2019 02:17:20 ::: ba564.19.odt 2/4 applicant was arrested and statement of the victim was recorded. The learned counsel for the applicant has invited attention of this Court to the statement of the victim dated 09/04/2019, wherein she states that she is about 17 years and 5 months old and that she and the applicant (who happens to be her maternal uncle) were in love with each other. She also states that she is aware about the fact that the applicant is married person with three children. Yet she says that on 05/03/2019, the applicant and the victim met each other and they ran away with the intention to get married. It is further stated that they indeed got married in a temple and started living together as husband and wife. The investigation in the present case is completed and the charge-sheet has been filed on 06/06/2019. In this backdrop, it is submitted that the applicant deserves to be enlarged on bail, particularly when the victim has stated that she was in love with the applicant and they had got married.
3. The learned APP has opposed the present application, pointing out that since the applicant was minor, the present case is a case of statutory rape and further that there is possibility of the applicant influencing the witnesses if he is enlarged on bail.
4. Considering the peculiar facts and KHUNTE ::: Uploaded on - 20/07/2019 ::: Downloaded on - 21/07/2019 02:17:20 ::: ba564.19.odt 3/4 circumstances of the present case, where the victim herself has come forward and stated that she joined the company of the applicant voluntarily and that she was in love with the applicant and ultimately they got married, this Court is of the opinion that although, it is claimed that the victim was a minor at the time of the incident, that alone cannot be a basis for rejecting the present bail application. The apprehension expressed on behalf of the non- applicant can be addressed by imposing appropriate conditions.
5. In view of the above, the present application is allowed. The applicant is directed to be released on bail on following conditions:
(a) The applicant shall furnish PR bond of Rs.25,000/- with solvent surety in the like amount.
(b) The applicant shall not enter village Malkapur, Tahsil Murtizapur, District Akola during the pendency of the trial.
(c) The applicant shall attend the proceedings before the Trial Court on each and every date.
(d) The applicant shall not tamper with the evidence or influence the witnesses.
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6. Needless to say, if the applicant violates any of the conditions, the bail granted to him would be liable to be cancelled. It is further clarified that the observations made in the present order are limited to the question of grant of bail to the applicant.
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