Bombay High Court
Savitra Baburao Gadakh vs The State Of Maharashtra on 27 October, 2021
Author: M.G. Sewlikar
Bench: M.G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 895 OF 2021
Savitra Baburao Gadakh Applicant
Versus
The State of Maharashtra Respondent
Mr. R.R. Karpe, Advocate for the applicant.
Mr. S.D. Ghayal, APP for respondent/State.
CORAM : M.G. SEWLIKAR, J.
DATE : 27th October, 2021.
PER COURT :
1. This is an application under Section 439 of the Code of
Criminal Procedure for releasing the applicant on bail in connection
with Crime No. 0195/2021 registered with Sangamner Taluka Police
Station, Dist. Ahmednagar, for the offences punishable under Section
376 of the Indian Penal Code and under Section 3(2) of the
Maharashtra Prevention and Eradication of Human Sacrifce and
other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
2. Facts in brief are that informant is a lady of 45 years of
age. She has two grown up daughters. Informant, since her
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marriage, used to feel numbness in the head and palpitation in the
chest. She had taken treatment but she did not get the desired
results. About 5 years before the incident, brother of the informant
had introduced the informant to the applicant stating that the
applicant had divine powers and by chanting Mantras, he cured
diseases. Applicant represented the informant and her husband that
the informant was possessed by a ghost. Applicant gave the
informant holy ash (udi and angara) and had advised her to drink it
with water. Applicant demanded 2 quarters of McDonald liquor and
Rs. 200/-. On 23rd April, 2021, at 7.30 pm, informant and her
husband had been to the applicant with a box of eatables called
Bhel, a box of Sambhaji Bidi and two quarters of McDonald liquor. A
lot many people were present there. Informant met the applicant on
24th April, 2021 at 1.00 pm. Applicant administered liquor to the
informant in the presence of her husband and her daughters.
Thereafter he took her to a feld away from his house and raped her.
Applicant told her that she would be required to come twice to him.
Informant repented herself on account of the incident and she
wanted to commit suicide. She had made preparation for suicide and
at that time, her husband noticed it and thereafter they decided to
lodge First Information Report. Accordingly, First Information Report
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came to be lodged on 10th May, 2021.
3. Heard Shri Karpe, learned counsel for the applicant and
Shri Ghayal, learned APP for the State.
4. Learned counsel Shri Karpe submitted that there is no
evidence to show that the applicant practices black magic. No
witness is examined in that connection. He states that there is gross
delay in lodging the complaint. No explanation is forthcoming for the
delay. Since there is no evidence of practising black magic, it is
diffcult to accept that the informant had been to the applicant.
5. Learned APP submits that the informant has given
details of the incident. Informant has no enmity with the applicant.
She has no reason to falsely implicate the applicant.
6. From the First Information Report, it appears that
informant had been visiting the applicant since fve years prior to the
incident. Except the alleged sole incident dated 24th April, 2021,
there is no allegation nor there is any evidence to show that the
applicant had tried to molest the informant. There is no evidence to
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show that the applicant practices black magic. From First
Information Report, it appears that the informant had gone to the
applicant on 23rd April, 2021, but because of rush, she could meet
the applicant only on 24th April, 2021 at 11.00 am. This shows that
there were a lot many people who wanted to be treated by the
applicant. However, no evidence in that regard is collected by the
prosecution to show that the applicant practices black magic.
7. It is argued that bones, vermilion powder and turmeric
powder were found in the house of the applicant. Learned APP
submits that this is the evidence of practising black magic. At this
prima facie stage, this cannot be considered to be a clinching
evidence to indicate that the applicant was practising black magic.
Chemical Analyser's report is not received to show that the bones
were human bones.
8. Applicant has no criminal antecedents. This is his frst
offence. In view of this, I am inclined to release the applicant on bail.
Hence the following order :-
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ORDER
i) Application is allowed.
ii) Applicant be released on PR Bond of
Rs.60,000/- (Rs. Sixty Thousand) with one solvent surety in the like amount in connection with Crime No. 0195/2021 registered with Sangamner Taluka Police Station, Dist. Ahmednagar, for the offences punishable under Section 376 of the Indian Penal Code and under Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifce and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
iii) Application is disposed of.
iv) It is clarifed that the observations made in the above order are restricted to the decision of this application only and the trial Court shall not get influenced by the same and can come to its independent conclusion during trial.
( M. G. SEWLIKAR ) Judge dyb ::: Uploaded on - 29/10/2021 ::: Downloaded on - 29/10/2021 23:58:27 :::