IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE VPH CRIMINAL APPLICATION NO.4389 OF 200 CRIMINAL APPLICATION NO.4389 OF 200 CRIMINAL APPLICATION NO.4389 OF 2008 Shrimanta Vaghappa Gogan Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. A. H. Patil, for the applicant. Mr. J. P. Yagnik, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 18th DECEMBER, 2008. DATED: 18th DECEMBER, 2008. DATED: 18th DECEMBER, 2008. [ At 2.30 p.m. in Chamber ] P.C.: P.C.: P.C.: ---- ---- ---- . Heard the learned counsel for the applicant/accused and the learned APP for the State. 2. The applicant is seeking bail in CR No. I-83 of 2007 registered with Bhivandi Shahar Police Station for the offence punishable under section 372, 373, 366(A) of Indian Penal Code read with section 3, 4, 5, 6, 7(i)(a) of the Prevention of Immoral Traffic Act. 3. The applicant was arrested on 24th April 2007. He was produced before the J.M.F.C. Ulhasnagar. After remanding him in police custody remand for sufficient time, he was granted magisterial custody remand. Presently he is in Andarwadi Jail Kalyan. The applicant had moved Criminal Application No. 2080 - 2 - of 2007 to seek bail in connection with the above referred offence. The said application was rejected by an order dated 13th July, 2007. Thereafter the charge-sheet was filed against the applicant/accused. The regular bail application appears to have been rejected by an order dated 22nd July, 2008 of the learned Additional Sessions Judge, Thane. Now, the applicant has moved the present application for seeking bail. 4. Having considered the fact that the applicant is in custody since 24th April 2007 and looking to his antecedents, this appears to be the first offence of the applicant. In the charge-sheet it is mentioned that there is no possibility of his jumping in the the bail. He appears to be a person holding immovable property and permanent residence at Bhivandi. Thus, taking overall view of the matter, I am inclined to grant bail to the applicant, subject to following conditions. (i) The applicant be enlarged on bail in C.R. No. I-83 of 2007 registered with Bhivandi Shahar Police Station subject to furnishing bond in the sum of Rs.50,000/- with one or two local solvent sureties to make up the said amount. - 3 - (ii) The applicant shall not leave the Bhivandi city without permission of the Sessions Court, Thane and he shall report to the Bhivandi police station twice in a month; firstly on second-Saturday and secondly on 4th Friday between 12 noon to 2 p.m. till conclusion of the trial. The applicant shall also maintain dairy of his attendance, which the police shall endorse. (iii) The order of the bail will be effective only after the applicant furnishes the bail. The applicant shall not change residence, as indicated hereinabove without prior written intimation to the Bhivandi Shahar police station. The applicant shall not directly or indirectly induce threats to the prosecution witnesses and tamper with the prosecution evidence. (iv) The applicant shall cooperate the trial Court for expeditious disposal of the case. (v) It is needless to mention hear that breach of any of the above conditions shall result in - 4 - cancellation of bail. (vi) Any observation made in this order shall not be construed as finding or expression on merits at the time of trial of the case. . The application for bail shall stand disposed of in the above terms. Sd/- [ V. C. DAGA, J.]