Bombay High Court
Ram Ambadas Chandane vs The State Of Maharashtra And Another on 24 August, 2022
Author: R. G. Avachat
Bench: R. G. Avachat
Bail Appln. N.624/2022
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.624 OF 2022
Ram s/o Ambadas Chandane ... APPLICANT
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
.......
Mr. S.S. Gangakhedkar, Advocate for applicant
Mr. V.S. Badakh, A.P.P. for respondent No.1 - State,
Mr. Sarang P. Joshi, Advocate for respondent No.2.
.......
CORAM : R. G. AVACHAT, J.
DATE : 24th AUGUST, 2022.
PER COURT :
Heard. This is an application for bail under
Section 439 of the Code of Criminal Procedure. The applicant
has been arrested in connection with Crime No.0275/2021,
registered at Shivaji Nagar Police Station, District Nanded for
the offence punishable under Sections 376, 377, 506 of the
Indian Penal Code and Sections 4, 6, 8, 12 of the Protection of
Children from Sexual Offences Act.
2. The F.I.R. has been lodged by the wife of the
applicant on 21/7/2021. It is her case that, she married the
applicant in 2007. Both of them stayed together from 2007 to
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Bail Appln. N.624/2022
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2014 at Kinwat. The couple is blessed with three children -
two daughters and a son. The informant then came to know
the applicant to have been previously married. He had
concealed the same from her. Whenever the informant would
enquire with the applicant about the same, he would give
threats of deserting her and the children. The applicant was
then transferred to Nanded. He is serving as a Police Naik.
He secured a premises on rent for stay of the informant and
children. He would reside in a Police Colony along with her
first wife, mother, sister etc.
3. It is further alleged that, the applicant thereafter
admitted the informant to a coaching class of recruitment in
police service. Whenever the informant used to be in the
class, he would visit her house. The applicant had many a
times forced their daughter (victim) to consume liquor. He
had also sexual intercourse with the daughter and unnatural
offence as well. The daughter was just 9 - 10 years of age.
The informant had to keep quiet fearing the applicant.
4. It is further alleged that, in March 2018, the
applicant had come the informant's residence. She was busy
in cooking. He was in the bedroom along with the daughter.
When the informant happened to enter the bedroom, she
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noticed the applicant to have been committing sexual assault
with the victim - daughter. The manner thereof has been
described in the F.I.R. When the informant tried to pull him
away from the victim, it was he who pushed her away and
gave threats to the lives of the informant and the children.
When the informant took the victim for medical examination,
the Medical Officer there asked her first to report the matter
to the police. She, however, could not report fearing of
threats extended by the applicant.
5. After having gathered courage, the informant
lodged the F.I.R., as stated above. The crime came to be
investigated and charge sheet has been filed.
6. Learned counsel for the applicant would submit
that, a false F.I.R. has been lodged on account of matrimonial
discord between the applicant and the informant. Wild and
unsupported allegations have been levelled against the
applicant. No details of the alleged offences have been given.
He would further submit that, the informant has been in
relationship with a person of criminal background. After
having learnt the same to the applicant, she has lodged the
false report at the behest of her paramour.
7. Learned A.P.P. and the learned Advocate
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Bail Appln. N.624/2022
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representing the respondent No.2 victim would submit that,
the applicant is in police service. He has used his official
position. No prompt F.I.R. could be lodged due to the threats
given by the applicant. The trial Court may be requested to
expedite the hearing of the case, instead of granting the
applicant bail. Both of them, therefore, urged for rejection of
the bail application.
8. Perused the F.I.R. and the police papers.
Considered the submissions advanced. It appears that, after
a long cohabitation as husband and wife, relations between
the applicant and the informant turned sour. The offence
alleged to have been committed by the applicant dates back
to March 2018 and prior thereto while the F.I.R. has been
lodged little over three years after the alleged incidents. The
applicant has also placed on record some material to indicate
the informant to have been in relationship with some other
person. The Court do not propose to make detailed
observations. Suffice it to say that the F.I.R. has been lodged
after a long delay. On investigation, the charge sheet has
been filed. The applicant has every reason to contend of
having been falsely implicated. It will take time for
commencement and conclusion of trial. Hence, this Court is
inclined to grant bail to the applicant. Hence the order :
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ORDER
(i) The Bail Application is allowed. (ii) The applicant be released on bail in connection with
Crime No.0275/2021, registered at Shivaji Nagar Police Station, District Nanded for the offence punishable under Sections 376, 377, 506 of the Indian Penal Code and Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences Act on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.
(iii) The applicant shall not enter Nanded city till conclusion of the trial except for attending the trial.
(iv) The applicant shall not tamper with the prosecution evidence in any manner.
( R. G. AVACHAT, J. ) fmp/-
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