MHCC020000052024

IN THE COURT OF SESSION FOR GREATER BOMBAY CRIMINAL BAIL APPLICATION No.1 OF 2024
Sanika Mahadev Waghmare
Residing at Room No.5, Chawl No.70,
Sewree Koliwada, Koli Samaj Hall,
Sewree VTC, Mumbai 400 015. … Applicant

– Versus

The State of Maharashtra (At the instance of Wadala Police Station vide CR.No. 205/2023)
… Respondent

Appearance :Advocate Ritu Jambhavdekar for the applicant.
A.P.P. Manjushree Golhar for the respondent / State.

CORAM : RAJESH A. SASNE ADDITIONAL SESSIONS JUDGE, COURT ROOM No. 30.
DATED : 16/01/2024

ORDER

This is an application filed by the accused u/sec.439 of Criminal Procedure Code for releasing her on bail in connection with CR.No.205/2023 registered with Wadala Police Station Mumbai for the
commission of offences punishable u/sec.370, 363, 328, 511, 34 of the Indian Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care and Protection) Act.

2.It is alleged by the applicant / accused that she is innocent and falsely implicated in the present case. The applicant is in custody since 20.11.2023, She has fully co-operated to the investigating officer.
The applicant is bright student and currently studying at K.J. Somaiya College. She has undergone custodial interrogation. Nothing is to be seized or recovered from the possession of the accused. The applicant / accused is permanent resident of her given address. Therefore, there is no point in keeping accused behind bars till conclusion of trial. Therefore she prayed for releasing her on bail.

3.The prosecution opposed the application by filing reply vide Exh.2. It is the contention of the prosecution that if the accused is released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail she will flee away from the justice. There is material evidence to show the involvement of the accused in the present crime. If the accused is released on bail there are chances of threatening of prosecution witnesses and tampering of prosecution evidence. Hence, prosecution prayed for rejection of the application.

4.Read the application, say filed by the prosecution. Heard the ld. Advocate for the applicant, and ld. APP for the State.

5.It is the case of the prosecution that the informant Smt. Suman Chourasiya lodged report that on 20.11.2023, her two children were playing in the open space near the house. After some time she
found that her elder son Akash was there but younger son Vikas was not there. Therefore, she started to search Vikas. One Reshma Patil who is residing in the vicinity stated to her that her son Vikas was with applicant / accused Sanika and she was forcefully taking him away. Therefore, informant made phone call to accused Sanika who is also residing in the same vicinity. The said accused informed her that she is at college and Vikas is not with her. At about 2.30 p.m. the informant with her husband visited the police station to lodge report. When the informant and the police was in search of Vikas, one phone call was received to the police informing that somebody has come to the police station with Vikas. When the informant came to the police station, she found that one person Shivaji Kamble and one another person namely Shakil Shaikh came with Vikas. They informed that Sanika handed over Vikas to them and asked them to took Vikas to the police station. Therefore, police called Sanika to the police station. She informed that one Mr. Pawan Pokharkar with whom she is acquainted had called her
to bring a boy having age of 10 years and he will pay her Rs.2 lakhs. She also stated that she took Vikas to Kalyan. Accordingly report is lodged and offence is registered under aforesaid sections.

6.The present applicant / accused has been arrested on 20.11.2023. According, to the prosecution during investigation police have arrested Pawan pokharkar at Ghatkopar. He was found with
Sarthak Bombale and Swapnil Bombale. According to the prosecution the applicant Sarthak had asked Pawan to kidnap the child. It was revealed that accused Sanika has made child to consume drug /
medicine Nitrazepam Tablet IP 10 Nitravet 10. According to the prosecution accused Swapnil Bombale was in requirement of said child. He offered Rs.2 lakhs for the said kidnap. It was revealed to the
prosecution that one Nitin Bibwe was searching for 10 years old child and he offered Rs.6 lakhs to Swapnil. Some material evidence is also recovered from the mobile phone, conversation / chatting. There is also some evidence regarding transfer of amount. There is also some evidence regarding the photo of medical drug Nitrazepam Tablet IP 10 Nitravet 10. At the time of kidnapping the accused Sarthak was also with accused Swapnil. From the facts on record it appears that applicant / accused Sanika at the demand of accused Pawan Pokharkar kidnapped the child of three years. She was intending to sale child for Rs.2 lakhs. The child was made to consume the drug Nitrazepam Tablet IP 10
Nitravet 10. Accused Pawan and accused Sanika took the child in taxi. The police have recorded the statement of taxi driver. The investigation in the offence is in progress. The offence is serious one. It is in respect of kidnapping of child of three years. All accused are connected with each other and involved in the offence. Considering the nature of offence and seriousness and also considering the facts on record I am of the view that the accused is not entitled to be released on bail. As aforesaid investigation is in progress. Charge sheet is not yet filed. Hence, under these circumstances the application is liable to be rejected. Hence, I pass the following order :
ORDER
Criminal Bail Application No.1 of 2024 is rejected and disposed off accordingly.

Date : 16.01.2024 Dictated on Transcribed on Signed by HHJ on : 16.01.2024 : 17.01.2024
: 20.01.2024 ( RAJESH A. SASNE ) Additional Sessions Judge, Gr. Mumbai. B.A. 1/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” 20/01/2024
3.35 p.m. UPLOAD DATE TIME J.S. Chavan NAME OF STENOGRAPHER Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A Room No.) Sasne, Court Room No. 30. Date of Pronouncement of ORDER 16/01/2024 ORDER signed by P.O. on 20/01/2024 ORDER uploaded on 20/01/2024