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2022 DIGILAW 1235 (BOM)

Deepak v. State of Maharashtra

2022-04-28

AVINASH G.GHAROTE

body2022
JUDGMENT 1. Heard Mr. Bhangde, learned counsel for the applicant and Mr. Chutke, learned APP for the non-applicant/State. 2. The applicant is arraigned for the offence punishable under Ss. 376 and 376 (2)(n) of the Indian Penal Code in Crime No. 29/2022. The incident has occurred between 30/4/2018 till 20/12/2021. The First Information Report has been registered on 21/1/2022 on which date the applicant has been arrested. The charge-sheet has been filed on 21/3/2022. 3. Mr. Bhangde, learned counsel for the applicant submits, that considering the age of the complainant/victim, she was major during the aforesaid period, when the said offence is alleged to have been committed and is a consensual one, considering which, the applicant is entitled to bail. 4. Mr. Chutke, learned APP for the non-applicant/State, opposes the application and submits, that considering the nature of the offence, the applicant is not entitled to bail. 5. The record indicates, that the victim is aged 24 years. The offence is alleged to have been committed during the period from 30/4/2018 to 20/12/2021 from time to time, which is more than a period of two years, during which entire period, the complainant/victim was major. Not only this, the record indicates, that the complainant/victim had remained pregnant during the aforesaid period twice and on both occasions had aborted the pregnancy. The question whether the relationship was established on the promise of marriage or otherwise, would now be a matter of trial. However, prima-facie it is apparent, that there was a long standing relationship between the applicant and the complainant/ victim and it is only on account of the applicant having gone for seeing a girl of marriageable age, the complaint has been made, considering which, in my considered opinion prima-facie a case for bail is made out. Hence, the following order. O R D E R i. The Criminal Application is allowed. ii. Applicant Deepak S/o Natthu Gujar, be released on bail in Crime No. 29/2022 registered at Police Station Hingna, Nagpur City, for the offence punishable under Ss. 376 and 376 (2)(n) of the Indian Penal Code, on his furnishing P.R. Bond in the sum of Rs.1,00,000.00 (Rs. One Lakh Only) with two solvent sureties of the like amount. iii. The Applicant shall not tamper with the evidence of the prosecution witnesses in any manner or try to influence them directly or indirectly. iv. 376 and 376 (2)(n) of the Indian Penal Code, on his furnishing P.R. Bond in the sum of Rs.1,00,000.00 (Rs. One Lakh Only) with two solvent sureties of the like amount. iii. The Applicant shall not tamper with the evidence of the prosecution witnesses in any manner or try to influence them directly or indirectly. iv. The Applicant shall not in any manner contact the complainant/victim throughout the trial. v. The Applicant shall attend each and every date before the learned Sessions Court and shall ensure that the trial is not protracted on his count. vi. Violation of any of the above conditions shall result in cancellation of bail. 6. Pending application/s, if any, shall stand disposed of accordingly.