BEFORE THE HON'BLE SESSIONS JUDGE

NAGPUR

Misc. Criminal Application No. ________/2023

APPLICANT : Pinky @ Sujata Lende

Aged 31 Yrs, Occ: Home-Maker,

R/o Plot No. 1128/F/742 KDK

Colleged Road, Near Shiv

Mandir, Nandanvan Slum,

Nagpur - 440009

//VERSUS//

NON-APPLICANT : State of Maharashtra,

Through Police Station

Officer,

Police Station Sadar,

Distt. Nagpur
APPLICATION UNDER SECTION 439 OF CRIMINAL

PROCEDURE CODE FOR GRANT OF REGULAR

BAIL

1. The applicant is a peace-loving and law-abiding citizen

of India and resides at the address mentioned in the title

clause. She has never been convicted for any offence/s in the

past.

2. By this application, the applicant seeks enlargement on

the pre-arrest bail in Crime No. 481/2023 registered for the

offences punishable under Sections 370, 384,420,465,467

R/w 34 of IPC & U/s 75,80,81 of Juvenile Justice (Care and

Protection of Children) Act, 2015.

FACTS

Basic Facts

i. Crime No. : 481 /2023

ii. Date of incident : 26/12/2019-27/12/2019

iii. Time of incident : 9:00 AM-02:30 PM

iv. FIR Registered on : 09/08/2023

v. Offence U/Ss. : 370,384,420,465,467 R/w

34 of IPC & U/s 75,80,81

 of Juvenile Justice (Care

and Protection of

Children) Act, 2015

vi. Complainant : Samadhan Gopinath

Bajbadkar

vii. Accused : 1. Priya Surendra Patil

2. Rajshree Sen

3. Chhaya meshram

4. Sachin Patil

5. Applicant

6. Pankaj kolhe

3. As per the FIR, the complainant who is an Assisntant

Police Inspector in Anti Human Trafficking Cell (Crime

Branch) Nagpur since 06/03/2023. On 10/05/2023 accused

No. 3 i.e. Sachin Patil who was arrested by Anti Human

Trafficking Cell (Crime Branch) Nagpur, disclosed to the

complainant that he along with help of the applicant and

accused no. 6 i.e. Pankaj Kolhe sold a child to a businessman

for an amount of Rs. 3,00,000/-. After investigation it was

found out that one ashok notani in gondia along with his wife

who were a sindhi couple had adopted the child from Sachin

Patil i.e. Acused no. 3. From the adoption document dated

27/12/2019 it was found out that the deed was between one

Atul Sugandhrao Khandagade along with his wife Sonali Atul

Khandagade and Ashok Kewalram Notani and his wife Pooja

Ashok Notani. It is further alleged that the document of

adoption seemed to be a fake one and accordingly the

parents of the child Atul Sugandhrao Khandagade along with

his wife Sonali Atul Khandagade were investigated and they

are the resident of Gandhinagar Pimpri Pune. The couple

being the biological parents of the child and being poor and

also the child being there fourth one were assured by one

Priya Surendra Patil that the adoption process will be done

properly and the child will be given a proper home. Priya

Surendra Patil and her husband Surendra Patil who works at

Pune Station doing a job of delivering parcels gave

assurances to the biological parents of the child. Taking

advantage of their alleged poor condition and telling them

about the troubles of raising fourth child they informed the

couple that one of their friend was childless and needed a

male child for adoption and that she would prepare all the

documents related to adoption. The couple were brought to

Nagpur via Purple company travel bus by Priya Surendra

Patil and her husband Surendra Patil on 26/12/2019 around

07:00 PM -08:30 PM.

4. After reaching Nagpur Priya Surendra Patil’s friend

Rajshree Sen sent Chhaya Meshram to receive Priya

Surendra Patil on white active. Priya Surendra Patil along the

biological parents of the child followed Chhaya Meshram to

the old house of Rajshree House situated at Apna Bazar Near

Durga Temple Tulsi Nagar Sitabuldi. Priya Surendra Patil

along the biological parents of the child stayed at the old

house of Rajshree Sen. On 27/12/2019 in the morning Priya

Surendra Patil sent photo of the child along with aadhar card

of the biological parents to someone through her phone. Half

hour later one Chhaya Meshram got a 500 Rs. Blank Stamp

Paper. Priya Surendra Patil got the signature and thumb

impression of the biological parents of the child on that blank

stamp paper stating that it was for Adoption Deed. After

taking the signature and thumb impression of the biological

parents, Chhaya Meshram took the Stamp Paper to Tahsil

Office Police Station Sadar on the instructions of one Sachin

Patil. It was further informed by the Notani Couple that there

were two other women with the accused Sachin Patil at the

Tahsil Office. Sachin Patil took the signatures and thumb

impression of the Notani Couple on the stamp paper which

was a fake adoption deed. At around 02:30 PM Sachin Patil

demanded 3 Lakh Rupees from Ashok Notani by threatening

him about the illegal adoption and that he shall inform the

police and trap him in a false case if he did not pay Rs.

3,00,000/- to Sachin Patil. After receiving money from

Ashok Notani, Chhaya Meshram handed over the child to the

Notani Couple. Out of the said amount, Sachin Patil took out

some money and put it in a white plastic bag and gave it to

Chhaya Meshram who had got the child from Priya Surendra

Patil and the Stamp Paper.

It is further stated that Chhaya Meshram took the Bag and went to

the place where Khandagade Couple was staying and gave Priya

Patil the Bag. At around 09:00 PM the Khandagade couple along

with Priya Patil left for Pune in a Sleeper Volvo. When asked by the

Khandagade couple as to whom the child was given for adoption,

Priya Patil told the couple that one of her friend had adopted the

child. When Mr. Atul Khandagade again asked Priya Patil as to

who had adopted their child to which she replied that they had

given their child for adoption and told him that if he asked

repeatedly then it would not be good for him. It is further stated

that till today Priya Patil has not taken the biological parents of the

child to meet the child and since Priya Patil had threatened the

couple whenever they asked about the child, the couple stopped

asking about the child. Hence on this information the First

Information Report was lodge at the behest of Sadar Police

Station.

GROUNDS

a. Applicant is a peace-loving and law-abiding citizen

of India and he had never been convicted for any

offence/s in the past. The applicant is an innocent

 person and has been falsely implicated in the alleged

offence without any basis.

b. The applicant has no role in the aforesaid offence,

nothing has to be recovered from him and has never

seen or knows the complainant.

c. It is further humbly submitted that neither the

biological parents nor the adoptive parents have

identified the applicant.

d. It is also important to mention here that the

applicant herself has a 3 month old child and is

behind bars since many days.

e. The applicant being nowhere involved in the said

offence and being arrested without even making

proper inquiry and attributing any role.

f. Applicant has no equally efficacious alternate

remedy available to his disposal except approaching

this Hon’ble Court for seeking enlargement on bail.

PRAYER : Hence this Hon’ble Court may kindly be

pleased to :-
i. Allow this application and applicant- Aman

Radhashyam Bhar be enlarged on bail in connection with

Crime No. 481/2023 registered against him by Sadar Police

Station for the offences punishable under Sections 370,

384,420,465,467 R/w 34 of IPC & U/s 75,80,81 of Juvenile

Justice (Care and Protection of Children) Act, 2015; AND

ii. Grant any other appropriate relief which this Hon’ble

Court deems fit and proper in the facts and circumstances of

the present case

AND FOR THIS ACT OF KINDNESS AND JUSTICE,

YOUR APPLICANT, AS IN DUTY BOUND, SHALL

EVER PRAY.

NAGPUR

DATED : 22/08/2023 COUNSEL FOR APPLICANT

[D.M.Ailani, Adv.]