Bombay High Court
Anil Dashrath Masal vs The State Of Maharashtra on 11 June, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL
APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1144 OF 2020
Anil Dasharath Masal ... Applicant
versus
State of Maharashtra .... Respondent
.......
Mr.Vaibhav R. Gargade, Advocate for Applicant.
Mr.S.H.Yadav, APP for the State/Respondent.
Mr.Amol A. Gatne for Respondent No.2
CORAM: SARANG V. KOTWAL, J.
DATE : 11th JUNE, 2021
(Through video conferencing)
P.C. :
1. The Applicant is seeking his release on bail in
connection with C.R.No.93/2019 registered with Wadgaon
Nimbalkar Police Station, Pune, under sections 363, 366(A) of
the Indian Penal Code. Subsequently, section 376 of IPC,
section 4 and 12 of the Prevention of Children from Sexual
Offences Act,2012 were added.
2. Heard Mr.Gargade for the applicant and Mr.Yadav, APP for
Pathak
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State. Pursuant to the previous order, original first informant
was added as Respondent No.2 who is represented by another
counsel. I have heard Mr.Gargade for the applicant, Mr.Yadav,
APP for State and Mr.Gatne for Respondent No.2.
3. The Applicant was arrested on 3.3.2019 and since
then he is in custody. Investigation is over and charge sheet is
filed. Applicant is a distant relative of the victim. FIR is lodged
by Respondent No.2 who is mother of the victim. She has stated
that victim was 13 years and 8 months old at the relevant time.
Victim got acquainted with the applicant in one Diwali Vacation.
The applicant had proposed marriage with the victim by
approaching informant and victim's family. At that time,
informant had told him that since the victim was very young,
they were not thinking of her marriage. At that time, applicant
had told the informant that he would abduct the victim and
would marry her. On 20-2-2019 informant saw that the
applicant and her daughter-victim went away together on the
applicant's moter cycle at about 3.00 p.m. Therefore, she lodged
FIR against the applicant. Investigation was carried out and the
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applicant was arrested
4. Learned counsel for the applicant submitted that the
applicant and the victim are distantly related. Applicant and the
victim's family have settled their dispute and it is agreed that the
victim would marry the applicant after she attained majority. He
submitted that in view of the love affair, leniency may be shown
to the applicant.
5. Leaned counsel for Respondent No.2 concurred with the
submissions of the learned counsel for the applicant. He invited
my attention to the Affidavit-in-reply filed on behalf of
Respondent No.2. In the said affidavit, in paragraph 3,
Respondent No.2 has stated that keeping in mind the age and
future of the accused and victim, she had no objection if the bail
is granted to the applicant/accused.
6. Learned APP has left the matter to be decided to the
discretion of the Court.
7. I have considered the submissions. With the assistance of
learned counsel for the parties, I have perused the charge sheet.
Statement of the victim is important. She has admitted in her
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statement that she had got acquainted with the applicant and he
had even proposed to her. He had given her mobile phone
through which there was regular communication between the
victim and the applicant. It is alleged that on 20.2.2019, the
applicant called her telephonically and told her that she should
accompany him to Mumbai otherwise, he would commit
suicide. Both of them at about 3.00 p.m went from the village
on his motor cycle. Subsequently, they went to various places
through ST bus and railway. They went to Kedgaon, Pune, Vashi
etc. The statement mentions that they had gone to various
places in Mumbai for site seeing. In the meantime, they were
residing together in one room and they had sexual intercourse.
It is alleged that the victim was not willing but the applicant
insisted for sexual relationship. Thereafter they had gone to
various other places viz. Lonand, Saswad and Jejuri. While they
were coming back after visiting Jejuri, they were caught by the
villagers. The statement clearly shows that it was a love affair.
Therefore, technically offences applied by the investigating
agency are incorrect, considering no objection given by the
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Respondent No.2 and the statement of the victim, leniency can
be shown to the applicant for the purpose of his release on bail.
7 Hence, the following order :
ORDER
(i) In connection with C.R. No.93 of 2019 registered with Wadgaon Nimbalkar Police Station, Pune, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) In the prevailing circumstances, it may not be possible for the applicant to furnish sureties. Therefore, applicant is permitted to furnish cash bail of the same amount for a period of three months from today during which time he will have to furnish surety as directed in the previous clause.
(iii) Application stands disposed of accordingly.
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