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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.1523 OF 2021

1) Shivraj Pandurang Shinde,

2) Balaji Sadashiv Wadje

...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) The District Superintendent of Police,

Nanded, District-Nanded,

3) A.B.C.

...RESPONDENTS

...

Mr.Anil M. Gaikwad Advocate for Applicants.

Mr.B.V. Virdhe, A.P.P. for Respondent Nos. 1 and 2.

Mr.S.B. Bhosale Advocate for Respondent No.3.

...

CORAM: SMT. VIBHA KANKANWADI, J.

DATE OF RESERVING ORDER : 16^th MARCH 2022

DATE OF PRONOUNCING ORDER : 13^th APRIL 2022

ORDER :

1.

The applicants are apprehending their arrest in connection

with Crime No.162 of 2021 registered with Loha Police Station,

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District-Nanded for the offence punishable under Sections 534,

354-A, 354-D, 506 read with Section 34 of the Indian Penal Code

and under Sections 8, 12, 17 of the Protection of Children from

Sexual Offences Act and under Section 66 (c) of the Information

Technology (Amendment) Act 2020.

2.

Heard learned Advocate Mr. Gaikwad for the applicants,

learned APP Mr. Virdhe for respondent Nos.1 and 2 and learned

Advocate Mr.Bhosale for respondent No.3.

3.

It has been vehemently submitted on behalf of the

applicants that there is inordinate delay in lodging the First

Information Report (for short “FIR”). In fact it is flied after two

months of the alleged incident. Main accused Shubham Shivaji

Shinde came to be arrested on 13^th August 2021 and after the

completion of the investigation, even the charge-sheet has been

filed by showing the present applicants as absconding. However,

the applicants never absconded. They had immediately then

approached the learned Sessions Judge for anticipatory bail, but

their applications have been rejected and therefore, they have

come before this Court. The applicants have been falsely

implicated in the crime. The main allegations are against the

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arrested accused. Applicant No.1 – Shivraj Shinde is permanent

resident of village Yellur and applicant No.2 – Balaji is resident of

village Masalga. It is hard to believe that for any such incident

they would have gone to the place which is about 20 Kms. From

the place of their residence. The applicants have cleared their

S.S.C. Examination in 2015 and they have taken admission in

Shahir Annabhau Sathe College at Mukhed, which is 30 to 40

Kms. Away from Loha. They were attending the college regularly

and therefore, it cannot be said that they were absconding. They

had even appeared for their final examinations. There was love

affair between the informant and accused No.1 – Shubham. Her

parents were against the said affair and it appears that she had

tried to immolate herself and when asked about the act, she has

falsely implicated all of them in order to save herself. The

custodial interrogation of the applicants is not required. They are

ready to co-operate with the investigation.

4.

Per contra, the learned APP appearing for respondent

Nos.1 and 2, as well as learned counsel for respondent No.3 -

informant strongly opposed the application and submitted that

the applicants were absconding and accused Shubham was

arrested. As it was necessary for the Investigating Officer to file

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the charge-sheet within the period of sixty days, therefore, he

has filed the charge-sheet but the investigation is still incomplete

so far as the allegations against the present applicants are

concerned. It will not be out of place to mention her that the

matter was adjourned to seek clarification from the Investigating

Officer as to what efforts he had made to get the custody/ arrest

the applicants. Say has been given and certain entries in the

general diary maintained with Loha Police Station, District-

Nanded from 12^th August 2021 have bee