1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2687 OF 2009 Akbar S/o Jafar Pathan Versus State of Maharashtra *** Mr. V. D. Gunale, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel for the accused extensively. In Crime No.161 of 2008, registered at Udgir Gramin Police Station, for an offence under section 363, 366-A, 349 read with 34 of IPC and under section 3 and 5 of P.I.T. Act, the accused seeks bail. 2. The counsel submits that the accused is 25 years old, in custody from 20th August, 2008. Charge sheet is filed. He resides in hutment area. No criminal background and falsely implicated. Hence, needs to be released on bail. 3. The record, at this stage, rebells against the accused/ applicant as the daughter of complainant/ the victim was reportedly 15 years of age. Mother of the accused called her, rather induced her and under allurement the accused/ applicant, with other and in consultation with his mother removed the said 15 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. years old girl. The nature of allegation prima facie attract section 363, 366-A of IPC and provisions under the Immoral Traffic Prevention Act, 1956. 4. The counsel took me to the statements of the complaint/ mother, in which she is unable to give name of the lady who saw present accused/ applicant taking away the victim by railway or she could not give name of the young boy who carried message of mother of the accused Shama to carry to ferry the girl from her parental house to either railway station or to the house of said Shama. This will not dilute gravity of allegations. Since the girl is not yet traced, inspite of there being charge sheet filed against the accused/ applicant. No bail. Application is rejected. Trial expedited. 5. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:02/09/2009. ans/2687