Advocates:
['Pathan Yunus Basheer', 'COPY SERVED ON P P', '', 'SHARAD S SHINDE']

922ABA1258&1380

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1258 OF 2021

1.

Shekhar s/o Dagdu Jadhav

...

Applicants

2.

Chhabubai Shekhar Jadhav

VERSUS

The State of Maharashtra and another

...

Respondents

WITH

Mr. Pathan Yunus Basheer, Advocate for the applicants,

Mr. V. S. Badakh, A.P.P. for the State.

Mr. S.S. Shinde, Advocate for respondent No. (appointed through Legal

Aid)

ANTICIPATORY BAIL APPLICATION NO. 1380 OF 2021

Abasaheb Asaram Vintor

...

Applicant

VERSUS

The State of Maharashtra and another

...

Respondents

Mr. Patil Vinod Prakash, Advocate for the applicant,

Mr. V. S. Badakh, A.P.P. for the State.

Mr. S.S. Shinde, Advocate for respondent No. (appointed through Legal

Aid)

CORAM

: PRAKASH D. NAIK, J.

DATE

: 17th December, 2021

ORDER:

1.

The offences are registered vide Crime No.0693 of 2021 with

Newasa Police Station, Dist. Ahmednagar, under Section 376(2) (n) read

with Section 34 of Indian Penal Code, Sections 3 and 4 of POCSO Act

and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006,

under Section 3 of Maharashtra Prevention and Eradication of Human

Page 1 of 4

922ABA1258&1380

Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic

Act, 2013.

2.

Learned Counsel for the applicants in ABA No.1258/2021

submitted that the applicants are father-in-law and the mother-in-law of

the victim. The allegations in the FIR are that the victim was forced to

perform marriage with accused No.1 Sandip Shekhar Jadhav. He has

been arrested and he is in custody. It is submitted that the mother and

aunt of the victim were granted anticipatory bail by the Sessions Court.

The victim is minor.

3.

The learned counsel for the applicant in ABA No.1380/2021

the applicant is being implicated for having committed offence under

the provisions of Maharashtra Prevention and Eradication of Human

Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic

Act, 2013. The Applicant is 63 years old person. He was not part to the

marriage of the victim with co-accused. He has no knowledge about the

fact that the marriage was performed with minor. There are no criminal

antecedents against him.

4.

Learned counsel for the applicant in ABA No. 1258/2021

further submitted that the charge sheet is filed against the arrested

accused. From the charge sheet, it can be said that the statement of

victim was recorded under section 164 of the Criminal Procedure Code

Page 2 of 4

922ABA1258&1380

on 11th October, 2021 wherein it is mentioned that her marriage was

performed on 24.05.2021 with Sandip Shekhar Jadhav by her uncle and

aunt. Their names were mentioned. She was assaulted by them. Her

neighbours had also assaulted her. She informed about the incident to

her grandfather. Since she was not taking bath, she was taken to

person who was performing black magic. With the help of grandfather

complaint was lodged with the police.

5.

It is submitted that the said statement does not attract any

overt act to the applicants. Learned APP submitted that the statement

of villagers were recorded during the course of investigation wherein

they have stated that marriage was performed secretly by co-accused.

Learned appointed Advocate to represent the complainant submitted

that all the accused were involved in the offence. He relied upon the

decision of this Court delivered in Criminal Bail Application No.

2757/2021, wherein, bail was refused to the accused who were

prosecuted for similar offence.

6.

From the factual matrix as stated above, it can be seen that in

the statement of victim recorded unde