Shahzad Ahmed S/O Badrealam vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15251 Bom

                                                                              61. BA-3295-2021.doc

BDP-SPS-TAC




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  BHARAT
  DASHARATH
  PANDIT

  Digitally signed by
  BHARAT
  DASHARATH
  PANDIT
                                          CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL BAIL APPLICATION NO. 3295 OF 2021
  Date: 2021.10.26
  10:28:55 +0530




                        Shahzad Ahmed S/o Badrealam                     ....Applicant.
                             V/s
                        The State of Maharashtra                        .....Respondent

                        Mr. Nizamuddin Khan with Sheeba Khan for the Applicant.
                        Ms. A.A. Takalkar, APP for the Respondent No.1/State.
                        Ms. Shaba N. Khan for Respondent No.2.
                        PSI P. B. Desai, Malvani Police Station, present.

                                            CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 25, 2021 P.C.:-

1] Applicant is seeking regular bail in C.R. No. 927 of 2021 registered with Malwani Police Station, Mumbai for the offence punishable under Sections 363, 366-A, 368, 376, 376(2)(n) of the Indian Penal Code and under Section 4, 5(l), 6, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012 (For short "POCSO Act") and under Sections 9 and 10 of the Prohibition of Child Marriage Act.

2] Offence in question punishable under Section 4, 5(l), 6, 8, and 12 of the POCSO Act is alleged to have taken place sometime on 5 th June, 2021 when Applicant took away victim girl aged 17 years and got married with her on 10 th June, 2021. Statement of the victim girl recorded under Section 164 of Cr.P.C. has not supported the case of the

61. BA-3295-2021.doc

prosecution.

3] Apart from above, parents of the victim girl in their statement dated 24th and 27th September, 2021 have not stated about alleged sexual assault and necessary ingredients of Section 363 of the Indian Penal Code. It is further informed by the Counsel for the complainant that they have also lodged a Petition for quashing by consent.

4] In the aforesaid backdrop, fact remains that on the date of the offence, victim girl had already completed 17 years and 11 months of her age. Counsel for the Applicant has relied on the judgment of Haryana High Court in the case of Shoukat Hussain and Another vs. State of Punjab and Ors. in Criminal Writ Petition No.733 of 2021 so as to claim that prosecution of the Applicant is not likely to result into conviction.

5] In that view of the matter, in my opinion, case for grant of bail is made out.

6] Applicant is directed to be released on bail in C.R. No. 927 of 2021 registered with Malwani Police Station, Mumbai for the offence punishable under Sections 363, 366-A, 368, 376, 376(2)(n) of the Indian Penal Code and under Section 4, 5(l), 6, 8, and 12 of the POCSO Act and under Sections 9 and 10 of the Prohibition of Child Marriage Act, upon furnishing P. R. Bond in the sum of Rs 25,000/- with one or more sureties in the like amount. Applicant shall neither

61. BA-3295-2021.doc

influence the prosecution witnesses nor tamper with the evidence. In case, the Petition for quashing is rejected, Applicant shall surrender to his bail bonds forthwith.

( NITIN W. SAMBRE, J. )