Bombay High Court
Sonal W/O. Sanjay Aradhye vs State Of Mah. Thr. Pso Arvi, Tal. Arvi ... on 6 December, 2023
2023:BHC-NAG:16936
1 70appeal584.2023 judgment.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 584 OF 2023
APPELLANT: Sonal w/o Sanjay Aradhye,
Aged 33 years, Occu: Labour,
R/o C-402, Sai Residency, Dindoli,
Karvada Road, Surat City, Dist. Surat
(Gujarat)
...V E R S U S...
RESPONDENTS 1] State of Maharashtra,
through PSO Arvi,
Tah. Arvi, District Wardha.
2] Complainant in FIR No. 257/2020
Registered at PS Arvi, Tah. Arvi,
Dist. Wardha.
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Mr. A.M. Jaltare, counsel for the appellant.
Mrs. D.I. Charlewar, APP for the respondent No.1.
Ms. C.S. Bhute, Counsel (appointed) for the respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 06/12/2023
ORAL JUDGMENT :
1. Heard finally with the consent of the learned
counsel appearing for the parties.
2. Admit.
3. By preferring this appeal, the appellant has
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challenged the order passed by the Additional Sessions Judge
and Special Judge (POCSO Act), Wardha, rejecting the
application for grant of bail under Section 439 of the Cr.P.C.
in Special Case No. 179/2020 dated 16/08/2023.
4. The present appellant is arrested on 29/10/2022.
The accusations are made against her on the basis of report
lodged by Arvi Police Station, District Wardha on
27/03/2019 for the offences punishable under Sections 363,
366(a), 370, 376(2)(n), 254, 354(b), 323, 506 read with 34
of the Indian Penal Code, Section 3(2)(v), 3(2)(va) of the
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 2015, Section 4, 6, 8 of the Protection of
Children from Sexual Offences Act, Sections, 4,5 and 6 of the
Immoral Traffic Prevention Act. It is alleged in the report that
on 26/03/2019, the informant had been to attend work with
her parents, and her minor daughter was alone at the house.
When the informant returned at about 7.30 p.m., at that time
her daughter was not present in the house. On such, the
daughter of the complainant was not found, therefore, she
approached the Police Station and lodged the FIR.
5. After registration of crime and during the
investigation, it revealed that victim went at Surat, therefore,
the police machinaries have searched the victim at Surat and
victim was brought back to Arvi, District Wardha. During the
statement of the victim, it is alleged that victim came in
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contact with one Durgadevi and one Punam Khanna. The said
Punam Khanna induced her and therefore, victim went along
with her. Victim was sold and was used for human trafficking.
On the basis of the said report, the Police have registered the
crime against the co-accused. During the investigation, it
further revealed that present appellant was present in the
same building, wherein the victim was kept by the other co-
accused.
6. Learned counsel for the appellant submitted that
mere allegation against the present appellant is that the
victim was taken at Surat, wherein the present appellant was
kept one building. Except this allegations, nothing is on
record to connect the present appellant with the alleged
offence. Learned Counsel Mr. A.M. Jaltare invited my
attention towards the statement of the victim recorded under
Sections 164 and 161 of the Cr.P.C and submitted that both
the statements nowhere refers the name of the victim and no
allegations are made against the victim.
7. After filing of the charge-sheet, the evidence of
the victim was recorded and during the evidence also, victim
has not narrated anything about the role of the present
appellant. During cross-examination, victim specifically
stated that she has identified the present appellant, only on
the say of the Police. Now investigation is completed,
charge-sheet is filed and trial is also in progress, further
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custodial interrogation of the present appellant is not
required.
8. He further submitted that present appellant is
having two small children, her husband is also prosecuted for
the same offence. Considering the same, she be released on
bail.
9. Mrs. D.I. Charlewar, learned APP strongly
opposed the present application on the ground that the
offence is of serious nature. Minor girl was used for human
trafficking. She was not only taken by the co-accused but she
was handed over to the third person, who have sexually
assaulted the victim. The husband of co-accused also
ill-treated the victim. Considering the nature of the offence
and the circumstances under which, the victim was left, the
criminal application deserves to be rejected.
10. Ms. C.S. Bhute, learned appointed counsel for the
victim also reiterated the same contention and opposed the
present application.
11. Heard learned counsel for the appellant, learned
APP for the State and learned appointed counsel for the
victim. Perused the entire investigation papers including the
statement of the victim recorded under Sections 164 and 161
of the Cr.P.C.. On perusal of both the statements, admittedly
the name of the present appellant is nowhere referred in the
statement of the victim i.e. either in the statement under
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Sections 164 and Section 161 of the Cr.P.C.. Though she has
identified the present appellant during the investigation
period, admittedly, identification period is not a substantial
evidence, and during cross-examination, she specifically
admitted that she has identified the present appellant as
Police have asked her to identify.
12. The record further shows that the husband of the
present appellant is also behind bar in the said crime. The
two small children are dependent on the present appellant
and there is nobody to look after them. Considering the
material against the present appellant which only refers the
name of the present appellant as she was present in the
building wherein the victim was kept. No other material is
placed on record by the prosecution to show her connection
in the alleged offence, her prayer for bail can be considered.
In view of that the criminal application deserves to be
allowed. Accordingly, I proceed to pass following order.
a) The criminal appeal is allowed.
b) The appellant is released on bail in connection
with Crime No.257/2019 for the offences
punishable under Sections 363, 366(a), 370,
376(2)(n), 254, 354(b), 323, 506 read with 34 of
the Indian Penal Code, Section 3(2)(v), 3(2)(va)
of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 2015, Section 4, 6,
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8 of the Protection of Children from Sexual
Offences Act, Sections, 4,5 and 6 of the Immoral
Traffic Prevention Act, on executing P.R. Bond of
Rs. 25,000/- with one local surety in the like
amount.
c) The appellant shall not leave the jurisdiction of
the Tahsil Arvi, District Wardha without prior
permission of the learned Trial Court.
d) The appellant shall furnish her cell phone number
and address with address proof before the learned
trial Court.
e) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case.
f) Fees of the learned appointed counsel for the
respondent No.2 is quantified as per the Rules.
Criminal appeal is disposed of accordingly.
[URMILA JOSHI-PHALKE, J]
rkn
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 08/12/2023 16:11:25
