Bombay High Court
Avinash S/O. Devidas Dipake And Anr vs The State Of Maharashtra on 15 October, 2019
Author: V.K.Jadhav
Bench: V.K.Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 ANTICIPATORY BAIL APPLICATION NO.1309 OF 2019
1. AVINASH S/O. DEVIDAS DIPAKE
2. MILIND S/O. DEVIDAS DIPAKE
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. Patil Hanmant V., Advocate for Applicants
Mr. K.D.Munde APP for Respondent-State
...
CORAM : V.K.JADHAV, J.
DATE : 15.10.2019
PER COURT :-
1. The applicants are seeking anticipatory bail in
connection with Crime No.335 of 2019 registered with Hingoli
(Rural) Police Station, District Hingoli for the offences
punishable under sections 376(D), 384, 323, 506 of the Indian
Penal Code. Their application with similar prayer bearing
Criminal Bail Application No.274 of 2019 came to be rejected
by the learned Additional Sessions Judge.
2. The learned counsel for the applicants submits that the
informant has made certain allegations against applicant No.1
about commission of rape, however, the allegations are vague
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in nature. It has alleged in the complaint that in the year
2015, applicant No.1 had performed the forcible intercourse
with her against her will and even prepared her video in a
compromising position. Even applicant No.1 had given threats
to her on the point of said video. It has been alleged that right
from the year 2015, the informant stayed at various places
with applicant No.1 and even also in a rented room. The
learned counsel for the applicants submits that it has been
further stated in the complaint that the informant had
developed the relations with one Pawan Kanade and thereafter
both the applicants have given threats to her on point of
recording of previous video in a compromising position and
extracted certain amount from her. It has further alleged that
both of them have performed sexual intercourse with her
forcibly against her will. The learned counsel submits that the
allegations are unbelievable and even though the incident as
alleged in the complaint is right from the year 2015 till 2018
the complaint to be lodged belatedly without explaining such
an inordinate delay caused in lodging the complaint. The
learned counsel for the applicants submits that apart from this,
in the year 2018 itself, the same informant has lodged the
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complaint at Police Station Kotwali, District Parbhani against
the said Pawan Kanade and on the basis of her complaint,
Crime No.56 of 2018 under Section 376 of IPC came to be
registered with Police Station Kotwali, District Parbhani. The
learned counsel submits that in the said complaint, the
informant has referred the present applicant No.1 as her
husband. The learned counsel submits that the informant had
taken two different stands and made allegations about the
commission of rape against the said Pawan Kanade, in the year
2018 and thereafter also against present applicant No.1 to
whom she has referred her husband, for commission of rape.
The learned counsel submits that the antecedents of applicants
are clear. Applicant No.1 is a student and he has completed his
B.Tech. and applicant No.2 is the Branch Manager of Syndicate
Bank posted in the State of Andhra Pradesh at Present. Their
antecedents are clear. They may be released on anticipatory
bail.
3. The learned APP has strongly resisted the application on
the ground that the allegations are serious in nature. Both the
applicants have performed sexual intercourse with informant
forcibly against her will. Applicant No.1 has developed the
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sexual relations with the informant with some ulterior motive
and recorded her video in a compromising position. Applicant
No.1 had thereafter started blackmailing the informant on the
basis of the said video and even extracted the amount from her
on many times. Even applicant No.2, who happened to be the
real brother of applicant No.1 has also given threats to
informant and performed the sexual intercourse with her
against her will. Prima facie there is a strong case against both
the applicants. Their custodial interrogation is required to find
out the truth. The applicants may not be released on
anticipatory bail.
4. On going through the allegations made in the complaint
and on perusal of the investigation papers, particularly the
annexures of this application, it appears that though the
informant has made certain allegations against applicant No.1
Avinash about the commission of rape, however, in the earlier
complaint of the year 2018 at Kotwali Police Station, District
Parbhani lodged against one Pawan Kanade under Section 376
of the IPC, the informant has referred the present applicant
No.1 Avinash as her husband and further given the date of her
marriage with him as on 22.10.2015. On the basis of the
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complaint filed by the present informant, Crime No.56 of 2018
came to be registered in Kotwali Police Station, District
Parbhani. So far as the present crime is concerned, the
informant has taken altogether a different stand and made the
allegations against applicant No.1 in the manner that she is not
at all related to him. It further appears from the investigation
papers particularly the statement of the landlord, where the
informant stayed along with applicant No.1 in a rented room,
it appears that the informant herself told the landlord that
applicant No.1 Avinash is her husband. Thus, considering the
entire aspect of the case and since the antecedents of both the
applicants are clear, I am inclined to grant anticipatory bail to
the applicants. Applicant No.1 is student and he has
completed his B.Tech., so far as applicant No.2 is concerned, he
is serving as a Branch Manager in Syndicate Bank. Hence,
following order :
ORDER
1. The application is hereby allowed.
2. In the event of the arrest of the applicant No.1.
AVINASH S/O. DEVIDAS DIPAKE and applicant No.2. MILIND S/O. DEVIDAS DIPAKE in connection with Crime No.335 of 2019 registered ::: Uploaded on - 15/10/2019 ::: Downloaded on - 18/10/2019 00:37:24 ::: 6 909-ABA.1309-19.odt with Hingoli (Rural) Police Station, District Hingoli for the offences punishable under sections 376(D), 384, 323, 506 of the Indian Penal Code, they be released on bail on furnishing P.B. of Rs.5,000/- (Rupees Five Thousand only) each, with one surety of the like amount by each of them, on the following conditions :-
a] The applicants shall not tamper with the prosecution evidence in any manner.
b] The applicants shall attend the concerned police station as and when required by the Investigating Officer for carrying out further investigation into the crime, if any.
c] The applicants shall not make any attempt to meet or communicate with the informant in any manner till disposal of the case.
3. Application is accordingly disposed off.
(V.K.JADHAV, J.) ...
vmk/-
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