1 apln3394-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3394 OF 2010 Babubhai Ajabhai Vaghela. ..Applicant. Vs. State of Maharashtra. ..Respondent. .... Mr.Ganesh K. Goel, Advocate for the applicant. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 30TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant apprehending his arrest in C.R. No.I-253/2009 registered with Koparkhairne police station for the offence punishable under Sections 376, 364(A), 385, 382, 323, 506 read with Section 34 of Indian Penal Code. 2. FIR is lodged by the prosecutrix girl making main allegations against accused No.1 who is already in custody. Apparently on 29.10.2009, first informant a girl was lured and enticed by accused No.1 and she was taken from 2 apln3394-10 Koparkhairne where she was staying temporarily with her maternal aunt. The girl was taken to Jungad-Gujarat and both stayed in a lodge. The girl was put under coercion and threat and she was sexually exploited. Threats of dire consequences to kill his entire family were given by the main accused No.1. After three days of stay in the lodge, sometime on 15.11.2009 the girl was taken to the house of accused No. 1 and there present applicant who is cousin brother of accused No.1, was called. Prosecutrix was given in the custody and control of the present applicant. Allegedly, she was kept in confinement in a room without giving her any food. Present applicant allegedly locked the room and was going out for the day. At times, he had threatened her saying that he wanted to take Rs.2 lakhs from her father or otherwise he would see that the prosecutrix would be sold. Sometime on 17.11.2009 the police party from Koparkhairne along with the father of the complainant and other relatives reached the place where the girl was kept in confinement. She was rescued from there. Main accused No.1 was also arrested from the said place. However, there was no trace of 3 apln3394-10 the present applicant. 3. During the arguments, learned Advocate for the applicant brought to the notice of this court the earlier incident happened on the earlier complaint lodged by father of the prosecutrix. Said earlier complaint was lodged at Gujarat with Adhoi police station. It was lodged on 10.10.2009 alleging that from 20.9.2009 the prosecutrix was missing. It is also brought to the notice of this Court pointing out filing of the C-Summary report by Adhoi police station to the concerned Magistrate Court at Gujarat that the prosecutrix of her own will had left her parents house and accompanied the main accused. In the said police report, it is also specifically mentioned as age of the girl apparently 18 years and 3 months as on the day of alleged offence. According to the birth certificate and school leaving certificate, the birth date of the said prosecutrix is 1.6.1991, further mentioned in the police report. The learned Advocate for the applicant by pointing out the said material submitted that there cannot be a case of forcefully enticing away of the 4 apln3394-10 minor girl and as admittedly the girl is of major age. 4. So far as the present application is concerned, the applicant who is a co-accused is asking for anticipatory bail and still if it is considered that the girl is of a major age, still the allegations against the present applicant shall prima facie sustain so far as his actions asking for ransom and keeping in confinement the girl. Admittedly the girl along with accused No.1 was found at Gujarat and was brought back to Mumbai and she gave her detailed complaint. Considering these circumstances, it would not be in the fitness of the situation to grant discretionary relief of prearrest bail to the present applicant. Hence, the order :- :: O R D E R :: [i] Criminal Application No.3394 of 2010 for anticipatory bail stands rejected. (A.R.JOSHI,J.) PPD 5.apln3394-10