Bombay High Court
Ramdas S/O Deorao Ingale vs The State Of Maharashtra, Thr. Pso, ... on 16 March, 2022
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 19.BA.140-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (BA) NO. 140 OF 2022
( Ramdas S/o Deorao Ingale
Vs.
State of Maharashtra & Anr )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. Ved R. Deshpande, Advocate for the Applicant.
Ms. Mayuri Deshmukh, A.P.P. for the Non-Applicant No.1/State.
CORAM: AVINASH G. GHAROTE, J.
DATED : 16th MARCH, 2022.
Heard Mr. Deshpande, learned counsel for the
applicant and Ms. Deshmukh, learned APP for the
non-applicant/State.
2. The applicant has been arraigned for the
offence punishable under Sections 376(2)(l)(j) and 450
of the Indian Penal Code in Crime No. 419/2021. The
complaint is filed on 09.07.2021. The applicant has been
arrested on the same date. The charge-sheet has been
filed on 05.09.2021.
3. Mr. Deshpande, learned counsel for the
applicant, contends that except for suspicion
expressed by the mother of the victim, who is major
but is however a physically and mentally disabled
person, there is absolutely nothing on record
to indicate any remote relationship of the applicant
with the alleged offence. He therefore submits,
2 19.BA.140-2022.odt
that on this ground, the applicant is entitled for bail.
4. Ms. Deshmukh, learned APP for the
non-applicant/State, opposes the application and
submits, that the witnesses namely Laxmi Vijay
Chincholkar (page 69) and Sunanda Abhimanyu Kalore
(page 71), implicate the applicant in the offence alleged,
and therefore, the application be rejected.
5. The complaint filed by Leelabai Sarangdhar
Chincholkar, the mother of the victim indicates, that
since the victim, is mentally and physically disabled, she
is tied at the residence by a rope during the day time
as all the members of the family go out for agricultural
work. On 07.07.2021, when the complainant was
bathing the victim, she got suspicious that the victim was
pregnant, as a result of which, she was taken to the Rural
Hospital, where the pregnancy was confirmed. The
applicant, is an acquaintance of the father of the victim,
who used to visit the father of the victim at times. It is
merely on the basis of this statement, the applicant has
been implicated. The statement of Laxmi Vijay
Chincholkar as well as Sunanda Abhimanyu Kalore,
merely indicate, that some time in the past, on 2/3
occasions, the applicant had visited the residence of the
complainant. It is thus apparent, that without anything
else, merely on the ground of a suspicion, the applicant
has been implicated, as appears prima-facie from the
charge-sheet, considering which, I do not consider
appropriate to continue the further incarceration of the
applicant. Hence the following order.
3 19.BA.140-2022.odt
ORDER
i. The Criminal Application is allowed.
ii. Applicant Ramdas S/o Deorao Ingale, be released on bail in Crime No. 419/2021 registered at Police Station Balapur, District Akola, for the offence punishable under Sections 376(2)(l)(j) and 450 of the Indian Penal Code, on his furnishing P.R. Bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand 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 enter the territorial jurisdiction of Police Station Balapur till the completion of 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.
Signed By:SHRIKANT DAMODHAR BHIMTE JUDGE Signing Date:16.03.2022 14:32 SD. Bhimte