ABID PAPABHAI MOMIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant has been arrested on 28/10/2021 in connection with Crime No.802 of 2021 registered with Kotwali Police Station, Dist. Ahmednagar for the offences punishable under Ss. 305, 341, 506, 354-D of Indian Penal Code and under Sec. 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the "POCSO Act"). He has filed present application under Sec. 439 of the Code of Criminal Procedure.

(2.) Heard learned Advocate Ms. S. G. Sonawane for the applicant, learned APP Mr. B. V. Virdhe for respondent No.1 and learned Advocate Mr. A. T. Jadhavar for respondent No.2.

(3.) It has been vehemently submitted on behalf of the applicant that the applicant has been falsely implicated. There is no direct, indirect or circumstantial evidence against the applicant in order to connect him with the crime. The allegations are that the applicant had snapped photographs and had threatened the prosecutrix. These allegations are vague and omnibus. They cannot be taken as acts either to instigate or abet the commission of the suicide of minor. The CDR of the mobile phone of the applicant as well as the deceased would show that the deceased used to call the applicant and outgoing calls of the applicant to the deceased are very rare. Since he is also resident of the same locality, they were knowing each other. That cannot be doubted in any other manner. It has been alleged in the FIR that due to the harassment committed by the applicant on the deceased, she has consumed poison, however, at no earlier point of time, there appears to be any disclosure by the deceased to her parents about the alleged act of the applicant. There is inordinate delay of 7 days in lodging the report. Now, the investigation is complete and charge-sheet is also filed. Therefore, the further physical custody of the applicant is not required for the purpose of investigation. The applicant is ready to abide by the terms of the bail.