ABA-544-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.544 OF 2011 Taufik Farook Bagwan ... Applicant V/s. State of Maharashtra, Thru' Karad City Police Station, Dist. Raigad ... Respondent Mr. K.S. Patil for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 27 TH JUNE, 2011. P.C. : 1. Heard. The Investigating Officer is present. 2. The Applicant is sought to be arrested on the basis of a complaint lodged by one Chandrakant Chavan, who claims to be a 'Social Worker'. According to him, his motto is to fight against injustice. He made a complaint to the J.M.F.C., Karad, the substance of which is that the present Applicant and his father had committed various offences including the offence punishable under Section 366A of the IPC and the offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The substance of his complaint is that the present Applicant, on 30th March, 2011, entered inside the house of the victim, aged about 17 years, and forcibly took her away on his motor cycle. That the father of the victim has lodged a missing report, but, according to the complainant, the ABA-544-11.sxw 2 Dixit Police did not inquire into the matter properly and that actually the Police should have registered a criminal case against the Applicant and his father. The Magistrate ordered investigation into the matter, as contemplated under Section 156(3) of the Code of Criminal Procedure, pursuant to which the aforesaid case, M.E.C.R. No.13 of 2011, was registered and the Applicant is sought to be arrested. It was contended by Mr. Patil, the learned Advocate for the Applicant, that the complainant is not concerned with the alleged offences himself and it is obvious that he has no personal knowledge of the happenings which have been mentioned in the complaint. It was also submitted that the allegation that victim was kidnapped and forcibly detained by the Applicant for a long span of time is not believable. 3. Admittedly, a missing complaint had been lodged by the father of the victim. I had specifically called the Investigating Officer to cause production of the papers relating to the missing complaint. I find that, in the missing case, the statement of the victim was recorded wherein she categorically stated that she was friendly with the Applicant. She categorically stated that she had voluntarily gone with the Applicant and that, she had no complaint against the Applicant. 4. Later on, i.e. when the present crime was registered, the victim has advanced some other version implicating the Applicant. However, going by the broad probabilities of the case, the possibility of the first version being true cannot be ruled out. 5. At any rate, there are conflicting versions of the victim. The complainant has no personal knowledge of the events, which he has narrated in the complaint. ABA-544-11.sxw 3 Dixit 6. The Applicant was already granted protection by passing an interim order for anticipatory bail in his favour. In my opinion, the Applicant deserves to be granted anticipatory bail. 7. The Anticipatory Bail Application is allowed. 8. The interim order passed on 23rd June, 2011, is confirmed. 9. The Anticipatory Bail Application stands disposed of accordingly. 10. The Applicant shall report to the Karad City Police Station, Dist. Raigad, at 11:00 a.m. on 29th June, 2011, and shall continue to attend the Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]