The document is an order from an Additional Sessions Judge in Thane, Maharashtra granting anticipatory bail to two applicants in a case registered under the Protection of Children from Sexual Offences Act. The order notes that the applicants are the mother-in-law and father-in-law of the victim and apprehend arrest in the case. While the police and public prosecutor objected to bail, the judge granted bail noting that the co-accused son had already been released on bail and physical custody of the applicants was not necessary. Bail was granted with conditions including executing a personal bond and sureties, cooperating with investigation, and not tampering with evidence.
The document is an order from an Additional Sessions Judge in Thane, Maharashtra granting anticipatory bail to two applicants in a case registered under the Protection of Children from Sexual Offences Act. The order notes that the applicants are the mother-in-law and father-in-law of the victim and apprehend arrest in the case. While the police and public prosecutor objected to bail, the judge granted bail noting that the co-accused son had already been released on bail and physical custody of the applicants was not necessary. Bail was granted with conditions including executing a personal bond and sureties, cooperating with investigation, and not tampering with evidence.
The document is an order from an Additional Sessions Judge in Thane, Maharashtra granting anticipatory bail to two applicants in a case registered under the Protection of Children from Sexual Offences Act. The order notes that the applicants are the mother-in-law and father-in-law of the victim and apprehend arrest in the case. While the police and public prosecutor objected to bail, the judge granted bail noting that the co-accused son had already been released on bail and physical custody of the applicants was not necessary. Bail was granted with conditions including executing a personal bond and sureties, cooperating with investigation, and not tampering with evidence.
The document is an order from an Additional Sessions Judge in Thane, Maharashtra granting anticipatory bail to two applicants in a case registered under the Protection of Children from Sexual Offences Act. The order notes that the applicants are the mother-in-law and father-in-law of the victim and apprehend arrest in the case. While the police and public prosecutor objected to bail, the judge granted bail noting that the co-accused son had already been released on bail and physical custody of the applicants was not necessary. Bail was granted with conditions including executing a personal bond and sureties, cooperating with investigation, and not tampering with evidence.
ORDER BELOW EXH.01 IN ANTICIPATORY BAIL APPL.NO.1630/2023 (CNR NO.MHTH010040982023)
1. Mehrunisa Mohammed Agwan 2. Mohamed Abdul Aziz Agwan … Applicants
V/s.
State of Maharashtra (through Mira Road Police Station) … Respondent
ORDER BELOW EXH1
1/ By moving this application, applicants have prayed for
relief in anticipatory bail application.
2/ It is contended by applicants that they are apprehending arrest in the present crime bearing Cr.No.I120/2023 of Mira Road police station for the offence punishable under Sections 5(J)(c), 6, 9(N) and 10 of the Protection of Children from Sexual Offences Act, 2012. It is further contention of applicants that coaccused their son has been released on bail. They are innocent and falsely implicated in the present crime. They have been arraigned formally by the investigating officer as they are motherinlaw and fatherinlaw of the victim girl. The victim girl by her own free will got involved into the relationship with their son. They have not committed any offence as alleged. They are respectable citizens and have good reputation. Nothing is to be recovered from them, hence, their physical custody is not necessary. They are having no criminal antecedents. This is first bail application. They will not abscond. They will not tamper with prosecution witnesses or evidence. They 2
are permanent resident at address mentioned in the application.
They are ready to cooperate with investigating agency. They are ready to abide by any terms and conditions. Hence, prayed for anticipatory bail.
3/ Investigating Officer has filed say vide Exh.4. Both IO and Ld APP have strongly objected the application stating that the offence is serious in nature. Name of present applicants/ accused mentioned in FIR along with their specific role. For detail investigation the custody of accused is necessary. If granted anticipatory bail to accused, there is possibility of tempering of witnesses and evidence and absconding and not remaining present for trial. Further, they will help absconded accused to flee away. Hence, prayed for rejection of application.
4/ Heard Ld. Advocate for the applicant and Ld APP at
length. Ld Advocate for the applicant has argued in the line of application and prayed for relief. On the other hand, Ld APP by supporting the say of I.O. strongly opposed the application and prayed for rejection of the application.
5/ Perused record, case diary and the documents filed on
record.
6/ Perused record and the documents filed on record.
Taking into consideration facts of the case, rival submissions made at bar, I am of the opinion that physical custody to interrogate with accused/ applicants is not necessary. Accused/ applicants are ready to abide any terms and conditions imposed on them. Further co accused is already released on bail. In such a set of circumstances, it 3
is just and proper to release accused on conditional bail. Hence, I proceed to pass following order :
O R D E R
1] Anticipatory Bail Application is allowed.
2] In the event of arrest of applicants/ accused namely 1. 1. Mehrunisa Mohammed Agwan and 2. Mohamed Abdul Aziz Agwan, in C.R. No.I120/2023 registered at Mira Road Police Station for the offence punishable under Sections 5(J)(c), 6, 9(N) and 10 of the Protection of Children from Sexual Offences Act, 2012, applicants be released on executing PB & S.B. of Rs.20,000/ each with one or two local sureties of like amount each, on following conditions :
(a) Applicants/accused shall attend concern police station as and when called by the Investigating Officer and co operate the investigating agency.
(b) Applicants/accused are hereby directed not to tamper with prosecution evidence/ witnesses.
3] Inform concern police station accordingly.
Thane. ( Dr. Rachna R. Tehra ) Dt:22/05/2023 Addl. Sessions Judge, Thane.
