Bombay High Court
Digambar Rohidas Agawane vs The State Of Maharashtra on 16 January, 2019
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
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ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 128 OF 2019
Digambar Rohidas Agawane .....Applicant
V/s.
The State of Maharashtra .....Respondent
Mr. Sachin H. Deokar advocate for the applicant
Ms. Rutuja Ambekar APP for the State
CORAM : NITIN W. SAMBRE, J.
DATE : JANUARY 16, 2019.
P.C.
In Crime No. 577 of 2018 registered with Bharati Vidyapeeth
City Police Station, Pune for offence punishable under Sections 376
(2)(n), 376(2)(f), 506(2) of the Indian Penal Code and under section
3(25) of Arms Act and under section 37(1) r/w 135 of Maharashtra
Police Act, applicant is seeking pre-arrest bail.
2 The prosecution case against the present applicant is the
victim aged 23 years old girl alleged that she started working in a
company of which the applicant is one of the director. According to
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her, on 08/03/2018, in the evening hours in the office premises,
applicant has committed an offence under section 376 of the Indian
Penal Code. She would then claimed that on 15/04/22018, present
applicant called the victim girl to Panvel and repeated the act of rape
resulting into registration of crime in question.
3 The learned counsel for the applicant submits that the case in
hand is an example of how a person can be falsely involved in a
serious offences like rape. According to him, apart from unexplained
delay of more than 8 months in lodging F.I.R., the conduct of the
complainant narrated in the F.I.R. does not repose any confidence in
the theory put forth by the complainant or the prosecution against
the applicant. According to him, applicant is having political identity
and deep roots in the society. So as to malign his image, he has been
roped in. The learned counsel would also submits that there is a
false acquisition in some other crime against the applicant
particularly on the issue of release of licenced revolver in favour of
the applicant. According to him, initially the police authorities have
shown the release of licenced revolver which was deposited by the
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applicant with Phaltan Rural Police Station on 18/09/2017 which
was actually released in favour of the applicant on 19/04/2018. It is
claimed that police authorities therein have tampered the said
record and shown that the same was released in February 2018.
According to him, in pursuant to the complaint lodged by the
complainant and threat of hunger strike, the Superintendent of
Police was prompted to suspend the police officials in the said issue.
As such he submits that there is no need of custodial interrogation
as the applicant is very much available for the investigation.
4 The learned APP would strenuously oppose the prayer for grant
of pre-arrest bail. The learned APP submits that the victim's
statement recorded under section 164 of the Code of Criminal
Procedure, 1973 in categorical terms implicate the applicant in a
serious offence of rape. She would then urge that there are in all six
offences registered against the applicant, details of which are as
under:
(i) Crime no. 32/2012 registered with Phaltan Rural
Police Station for offence punishable under sections 188
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of the Indian Penal Code and under section 37 (1)(3) r/w
section 135 of the Maharashtra Police Act
(ii) Crime no. 71/2015 registered with Phaltan Rural
Police Station for offence punishable under sections 188,
447 r/w 34 of the Indian Penal Code
(iii) Crime no. 146/2017 registered with Phaltan Rural
Police Station for offence punishable under sections 143,
147, 341 of the Indian Penal Code and under sections
37 (1)(3) r/w section 135 of the Maharashtra Police Act
(iv) Crime no. 267/2016 registered with Lonand Police
Station for offence punishable under sections 504, 506
r/w 34 of the Indian Penal Code and under sections 39
& 45 of the Maharashtra Money Lending Act.
(v) Crime no. 458/2017 registered with Phaltan City
Police Station for offence punishable under section 309
of the Indian Penal Code.
(vi) Crime no. 457/2018 registered with Phaltan Rural
Police Station for offence punishable under sections 307,
353, 332, 333, 143, 147, 148, 149, 109, 120(B), 504
and 506 of the Indian Penal Code and under sections
37 (1)(3) r/w section 135 of the Maharashtra Police Act
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5 She would then urge that of these total 6 offences, in two
offences i.e. at serial nos. 5 & 6, applicant was already released on
Ad-interim bail by this Court. Apart from above, according to her,
investigation papers till date reflects prima facie involvement of the
applicant in the crime in question. She would also rely upon the
statement of other witnesses in addition to the statement of the
victim.
6 Considered rival submissions.
7 Upon perusal of the contents in the F.I.R., what is noticed is
the first event of rape claimed to have been occurred on
08/03/2018. After the said incident, victim girl continued to attend
the office of the applicant alongwith other staff members and she
had not complained anything about the said incident to the police,
fellow employees or other directors of the firm. The second incident
is claimed to have occurred on 15/04/2018. It is claimed that
applicant called the victim girl in the office from her native place i.e.
Solapur i.e. about more than 150 Kms under the pretext of meeting.
She reached office in the evening, present applicant misguided her
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by calling her for official meeting at Panvel. According to her, she
attended the call of the applicant at Panvel and the applicant
repeated the act of rape in a hotel.
8 Perusal of the documents which are seized from the hotel
raised a serious dispute about the presence of the applicant in the
hotel but for a photocopy of the driving licence of the applicant on
the record of the said hotel. Neither the CCTV footage are seized nor
the reception register is signed by the applicant to conclude that
applicant stayed in the said hotel.
9 As far as the contention of the learned APP as regards the
pendency of 6 offences against the applicant are concerned, perusal
of the same prima facie reflects either the said offences are of non-
cognizable nature being chapter proceedings or are non serious. This
Court has already granted Ad-interim protection in favour of the
applicant for offence referred at serial nos. 5 & 6. As such, pendency
of the prosecution or registration of offence against the applicant will
not preclude this Court from exercising discretion in favour of the
applicant. Rather the conduct of the victim girl, particularly in the
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backdrop in the events narrated in the complaint takes this Court to
the only conclusion that in a calculated manner, she has
intentionally lodged the complaint at a belated stage after
unexplained delay of 8 months so that the relevant evidence viz.
medical evidence, CCTV footage etc cannot be traced and considered
against the applicant.
10 Apart from above, statement of fellow lady employee also does
not repose any faith in the theory of the prosecution, particularly
when the complainant for almost 8 months has not narrated the
said incident to said employee though she was very much available
and was working with her and was in deep friendship with her. After
the alleged incident of rape, complainant regularly attended the
office of the applicant, so also stayed with her family members in
Solapur. The aforesaid conduct of the complainant of lodging
delayed F.I.R. without any explanation, narration of imaginary
allegation in the complaint which are not substantiated by the
evidence till date, in my opinion, prima facie warrants this Court to
grant protection in favour of the applicant. Hence, following order:
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ORDER
(I) Application is allowed.
(II) In the event of arrest of the applicant in Crime No. 577 of 2018 registered with Bharati Vidyapeeth City Police Station, Pune, he be released on bail on furnishing P.R. bond in the sum of Rs. 50,000/- with sureties in the like amount.
(III) Applicant shall attend the Investigating Officer on every Monday and Thursday commencing from 21/01/2019 till 21/02/2019.
(IV) Applicant shall not influence the witnesses or tamper with evidence.
11 The learned counsel for the applicant on instructions volunteers to give all co-operation in the investigation including that of medical examination etc. 12 Application stands disposed of.
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