Bombay High Court
Kailas Shalik Suryawanshi vs The State Of Maharashtra on 8 August, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 919.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.919 OF 2019
KAILAS SHALIK SURYAWANSHI
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Wani Ruchir S.
APP for Respondent : Mr. S Y Mahajan
...
CORAM : V.K. JADHAV, J.
Dated: August 08, 2019
...
PER COURT :-
1. The applicant is seeking regular bail in
connection with Crime No.11 of 2019 registered with
Shahada Police Station, District Nandurbar for the
offences punishable under sections 376(2)(J)(L), 376 (D),
34 of IPC and u/s 5(G)(K), 6 of POCSO Act. His
application with similar prayer bearing Criminal Bail
Application No.93 of 2019 came to be rejected by the
Additional Sessions Judge, Shahada, District
Nandurbar.
2. Learned counsel for the applicant submits
that applicant has been falsely implicated in this crime.
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The applicant is arrested in connection with the present
crime on 10.1.2019. He is in jail since then. Allegations
have been made to the effect that the informant
alongwith her sons and friends of sons had seen the
present applicant alongwith two co-accused persons
running away from the spot and victim was found there
weeping at the spot. Victim had disclosed to them
about commission of rape by those persons. However,
victim was not knowing the applicant and co-accused
persons and even she did not name them in her police
statement nor in her statement recorded under section
164 of Cr.P.C. Learned counsel submits that, though
there are marks of violence and tear to the hymen of the
victim, considering the injuries on her person and
position of the tear at '6 o' clock mentioned in the
medical certificate indicates that she was not subjected
to gang rape. Learned counsel submits that though
clothes of the present applicant came to be seized and
even he was subjected to medical examination, nothing
adverse was found so as to connect him with the
commission of crime. His antecedents are clear. The
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applicant may be released on bail.
3. Learned APP has strongly resisted the
application on the ground that victim was minor and
mentally retarded girl. Though she was not knowing
name of the applicant and other co-accused persons,
immediately after arrival of the informant alongwith
other persons, she had disclosed the incident of
commission of rape to them. Informant, her two sons
and other friends of her sons had seen the present
applicant, other two co-accused persons running away
from the spot. It was almost 3.00 am in the morning
victim was found at the spot in weeping condition and
she had disclosed the incident of commission of rape
immediately. Medical certificate and other evidence is
against the applicant. Prima facie, there is strong case
against the applicant. He may not be released on bail.
4. On going through the allegations made in the
complaint and on perusal of the charge sheet, I find that
the informant, her two sons and friends of her sons
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when started taking search of the victim, found the
present applicant and two co-accused persons running
away from the spot. Victim was present at the spot.
She was weeping. She had disclosed to them about
commission of rape by the three persons who ran away
from the spot. On perusal of the medical certificate, it
appears that there are marks of violence on the person
of the victim and so also tear to her hymen. Moreover,
as per the findings recorded by the Medical Officer
victim was subjected to recent intercourse. At this
stage, it is difficult to say whether victim was subjected
to a single act of rape or she was subjected to gang rape.
However, considering the entire aspect of the case, I am
not inclined to grant bail to the applicant.
5. Though, it is suggested to the counsel for the
applicant about direction to the trial court for
expeditious hearing and disposal of the case within a
period of three months, however, the counsel for the
applicant, on instructions, submitted to pass an order.
Hence, following order.
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ORDER
1. The application is hereby rejected.
2. Needless to state that the observations made here-in-above are prima facie in nature and restricted to the extent of deciding this application only.
( V.K. JADHAV, J. ) ...
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