Bombay High Court
Rabhaji Babu Barkade And Anr vs The State Of Maharashtra on 25 June, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
1 945-BA-327-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
945 BAIL APPLICATION NO.327 OF 2020
1. Rabhaji Babu Barkade
2. Babaji Rabhaji Barkade ... Applicants.
Versus
The State of Maharashtra ... Respondent.
...
Advocate for Applicants : Mr. Kunal A. Kale.
APP for Respondent-State : Mr. V. M. Kagne.
...
CORAM : V. K. JADHAV, J.
DATE : 25.06.2020
PER COURT :-
1. The applicants are seeking regular bail in connection
with Crime No.I-889 of 2019 registered with Parner Police
Station, District Ahmednagar for the offences punishable under
Section 363, 366(A), 376(2)(n) of IPC and under Section 3, 4,
5(L), 6, 16, 17, 42 of POCSO Act. Their application with
similar prayer came to be rejected by the Additional Sessions
Judge, Ahmednagar, vide order dated 05.03.2020 in Criminal
Misc. Application No.182 of 2020.
2. The learned counsel for the applicants submits that the
the allegations have been made mainly against the co-accused
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Sharad, who is still behind the bars. The learned counsel
submits that so far as the statement of the victim recorded on
15.12.2019, she has not taken the names of the present
applicants. The learned counsel submits that so far as the
allegations of commission of rape are concerned, those have
been made mainly against co-accused Sharad. The learned
counsel submits that despite the allegations about the
commission of rape against co-accused Sharad, the victim had
travelled along with co-accused Sharad at various places and
stayed with him voluntarily. The learned counsel submits that
only on 21.12.2019 the victim has disclosed the names of the
present applicants. The antecedents of the applicants are clear.
They are in jail since 01.02.2020. They may be released on
bail.
3. The learned APP has strongly resisted the application on
the ground that the victim has taken the names of the present
applicants in her statement under Section 164 of the Criminal
Procedure Code recorded by the Magistrate. The learned APP
submits that the victim is minor below the age of 16 years and
the applicants instigated the main co-accused Sharad to
commit the offence of kidnapping and rape. The learned APP
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submits that Section 16 and 17 of the POCSO Act, 2012 are
attracted. The learned APP submits that the applicants may not
be released on bail.
4. On going through the allegations made in the complaint
and on perusal of the charge-sheet, it appears that during the
course of investigation on 15.12.2019 the statement of the
victim came to be recorded by the police, wherein she has
made the allegations only against co-accused Sharad. She has
made the allegations against co-accused Sharad about the
commission of rape so also about the promise of marriage
made by him. It further appears that only on 21.12.2019 the
victim has named the present applicant with specific role. So
far as the applicant No.1 Rabhaji is concerned, no specific role
has been ascribed to him. However, certain allegations have
been made against applicant No.2 Babaji. It further appears
that in her police statement at the first instance the victim has
not stated about kidnapping. Even she has not named the
present applicant No.2 that he was forcibly taken her after
inserting the cloth in her mouth. Applicant Nos.1 and 2 are
the father and son and closed relatives of co-accused Sharad.
Their antecedents are clear. Thus, considering the entire
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aspect of the case, I am inclined to released them on bail with
certain conditions. Hence following order :
ORDER
1. The application is hereby allowed.
2. The applicant No.1 Rabhaji Babu Barkade and applicant No.2 Babaji Rabhaji Barkade in connection with Crime No.I-889 of 2019 registered with Parner Police Station, District Ahmednagar for the offences punishable under Section 363, 366(A), 376(2)(n) of IPC and under Section 3, 4, 5(L), 6, 16, 17, 42 of POCSO Act be released on bail on furnishing P.B. of Rs.20,000/- (Rupees Twenty Thousand only) each with one solvent surety of the like amount each on the following condition :-
a] The applicants shall not tamper with the prosecution evidence in any manner.
3. The application is accordingly disposed off.
(V. K. JADHAV, J.) ...
vmk/-
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