Bombay High Court
Asif Khan Roshan Khan Pathan vs The State Of Maharashtra Thr. Pso, Ps ... on 30 August, 2024
2024:BHC-NAG:9997
J.47.cri.appeal.376.24.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO.376 OF 2024
Asif Khan Roshan Khan Pathan
Aged about 35 years, Occupation - Labour,
R/o Near Noori Masjid, Station File,
Wardha
...APPELLANT
VERSUS
1. The State of Maharashtra,
through P.S.O. P.S. Malegaon,
Washim
2. XYZ (Minor victim)
in Crime No.120/2024
P.S.O. P.S. Malegaon,
Washim
...RESPONDENTS
_______________________________________________________
Mr. M.N. Ali, Advocate for the appellant.
Ms S. Dhote, APP for the State.
Mr. A.G. Hunge, Advocate (appointed) for respondent No.2.
_______________________________________________________
CORAM : URMILA JOSHI-PHALKE, J.
DATED : AUGUST 30, 2024.
ORAL JUDGMENT :
ADMIT. Heard finally with the consent of learned Counsel
for the parties.
2. This is an appeal under Section 14A of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter
J.47.cri.appeal.376.24.odt 2/5
referred to as 'the Atrocities Act' for short), the appellant has challenged
the order dated 24/05/2024 whereby the Additional Sessions Judge,
Washim rejected the bail application of the appellant bearing Criminal
Bail Application No.86/2024.
3. The crime is registered against the present appellant on the
basis of report lodged by the victim aged about 16 years and 11 months
alleging that in the month of January, 2024 she was travelling by train
from Akola to Wardha. At that time, one person approached to her and
disclosed his name as Asif Khan. He has also handed over the one chit
having mobile number written on it and asked her to call on that
number.
4. When she reached at Wardha, she has called from her
mother's mobile phone to the present appellant and the present
appellant asked her to come along with him. Accordingly, she joined the
company of the present appellant. It is alleged that the present appellant
has outraged her modesty. On the basis of said report, police have
registered the crime against the present appellant.
5. Learned Counsel for the appellant submitted that from the
recitals of the FIR it reveals that the victim herself joined the company of
the present appellant and the allegation is that she was taken from the
custody of her legal guardian, is not substantiated either by the
J.47.cri.appeal.376.24.odt 3/5
statement of the victim or the statement of any other witnesses. As far as
the allegation regarding the outraging of the modesty is concerned, the
false allegations are levelled against the present appellant only to
implicate him in a serious crime. Now, the investigation is completed and
charge-sheet is filed, further incarceration of the appellant is not
required. While considering the bail application of the appellant learned
Special Court has not considered the same. In view of that, the appeal be
allowed by quashing and setting aside the order passed by the Special
Judge.
6. Learned APP and learned Counsel for respondent No.2
strongly opposed the prayer on the ground that there is a prima facie
case against the present appellant as he has exchanged his mobile
number and thereafter induced her lured her and insisted her to join his
company and thereafter outraged her modesty. As far as the consent of
the victim is concerned being she is minor it is not relevant. In view of
that, the appeal deserves to be dismissed being devoid of merits.
7. I have heard learned Counsel for both the parties. Perused
the entire investigation papers from which it reveals that it was the
victim who communicated with the present appellant and thereafter
present appellant asked her to come at Ridhora phata. Accordingly, she
approached to the appellant and then went along with him. Admittedly,
J.47.cri.appeal.376.24.odt 4/5
the investigation is completed and charge-sheet is filed. As far as the
further incarceration of the present appellant is concerned which is not
required. Learned Special Court ought to have considered that the
investigation is completed and further incarceration of the present
appellant is not required considering the circumstances under which the
alleged incident has taken place. In view of that, the order passed by the
Special Court requires to be quashed and set aside. Hence, the appeal
deserves to be allowed by imposing certain conditions. Accordingly, I
have proceed to pass following order:
(i) The appeal is allowed.
(ii) The order dated 24/05/2024 passed by the Additional
Sessions Judge, Washim in Criminal Bail Application
No.86/2024, is hereby quashed and set aside.
(iii) The appellant - Asif Khan Roshan Khan Pathan in
connection with Crime No.120/2024 registered with police
station Malegaon, District Washim for the offence
punishable under Sections 354, 354-A, 363, 366, 504, 506
and 507 of the Indian Penal Code, Sections 8 and 12 of the
Protection of Children from Sexual Offences Act, 2012 and
Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
J.47.cri.appeal.376.24.odt 5/5
Act, 1989, be released on bail on executing P.R. Bond in the
sum of Rs.25,000/- (Rs. Twenty five thousand) with one
surety in the like amount.
(iv) The appellant shall not enter into the vicinity of
village Varangi, Taluka Malegaon, District Washim till the
culmination of the trial.
(v) The appellant shall not induce, threat or promise any
witnesses who are acquainted with the facts of the case.
(vi) The appellant shall attend the proceeding before the
trial Court without seeking any exemption unless there are
exceptional circumstances.
(vii) The contravention of any of the conditions would lead
to cancellation of bail.
8. The appeal is disposed of accordingly.
9. The fees of the appointed Counsel be quantified as per rules.
(URMILA JOSHI-PHALKE, J.)
*Divya
