Bombay High Court
Pratap S/O. Babarao Salve vs The State Of Maharashtra on 5 August, 2019
Author: V.K.Jadhav
Bench: V.K.Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.728 OF 2019
PRATAP S/O. BABARAO SALVE
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. S.S.Rathi, Advocate for Applicant
Mr. S.B.Joshi, APP for Respondent-State
...
CORAM : V.K.JADHAV, J.
DATE : 05.08.2019
PER COURT :-
1. The applicant is seeking regular bail in connection with
Crime No.29 of 2019 registered with Pathri Police Station,
District Parbhani for the offences punishable under Sections
376(2)(n), 342 read with Section 34 of IPC and under Sections
4 and 6 of Protection of Children from Sexual Offences Act.
His application with similar prayer bearing Criminal Misc.
Application No.280 of 2019 came to be rejected by the learned
Additional Sessions Judge.
2. Learned counsel for the applicant submits that the
informant has made allegations against co-accused Anil Bhise
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and Kiran Paikrao about the commission of rape. It has been
alleged by her that co-accused Anil Bhise had sexual relations
with her for near about one year. So far as the present
applicant is concerned she had quoted one incident dated
24.01.2019, however, even she had not disclosed the said
incident to her mother. Thereafter she went along with one co-
accused Kiran Paikrao to Pathri. The mother of the informant
has given her police statement to the effect that the informant-
victim was found missing and she returned to the house on
31.01.2019. The learned counsel submits that only after the
said return from the so called incident as alleged by her against
co-accused Kiran, the informant-victim has made the disclosure
of the incident about the commission of rape by the applicant
on 24.01.2019. Applicant is married person and he is in jail
since 05.02.2019. His antecedents are clear. He has a fix place
of residence. He is ready to abide any conditions imposed by
the Court.
3. Learned APP has strongly resisted the application on the
ground that the informant-victim was just 14 years old at the
time of alleged incident. She was subjected to blackmail on
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account of her relations with co-accused Anil Bhise and even
co-accused Anil Bhise has also taken undue advantage of her
age, understanding etc. and induced his friend, the present
applicant to have a sexual relations with the informant-victim.
The learned APP submits that prima facie there is a strong case
against the applicant and he 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 the
informant-victim has made allegations against the co-accused
Anil Bhise to the effect that she had sexual relations with him
for near about one year. As stated in the complaint, the
applicant got married on 20.05.2018 and even on that day said
co-accused Anil Bhise had sexual intercourse with her.
However, the said co-accused Anil Bhise has thereafter
blackmailed her and instructed her to make a sexual relations
with the present applicant. The applicant has thus taken her to
one agricultural land and committed rape on her. It has been
further alleged in the complaint that the present applicant and
co-accused Anil Bhise took her to one private hospital of Dr.
Radheshyam Shikwal. However, on perusal of such statement
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of Dr. Radheshyam it appears that the said doctor has stated
that the informant-victim had come to his dispensary alone.
She was his regular patient and therefore, he was knowing her.
He had advised her to go to some other lady gynecologist.
According to the informant-victim, she was thereafter taken to
one another hospital, however, there is no further reference in
investigation as to where she was taken for her treatment.
Even thereafter the informant-victim went with one Kiran to
some other destination and stayed there. She did not return to
the house on the same date. On perusal of her mother's
statement, it appears that the informant-victim was found
missing on that day. Only on her return, she had disclosed
about the incident dated 24.01.2019. There is an inordinate
delay in disclosing the said incident to the mother.
Furthermore, on perusal of the medical certificate it appears
that in column No.18, the doctor has not given the clear
opinion as to the present status of the hymen. Doctor has only
opined that no fresh injury, no oedema, no bleeding. Even the
concerned Medical Officer has not given a clear cut opinion as
to whether the sexual intercourse has been performed with the
informant-victim. The applicant is having no antecedents. He
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is in jail since 05.02.2019. He has fixed place of residence.
However, to avoid the possibility of tampering with the
prosecution evidence, the applicant can be released on bail by
imposing stringent conditions such as not to enter in the village
Bandarwada, Taluka Pathri till conclusion of the trial. Hence,
following order :
ORDER
1. The application is hereby allowed.
2. The applicant Pratap S/o Babarao Salve in connection with Crime No.29 of 2019 registered with Pathri Police Station, District Parbhani for the offences punishable under Sections 376(2)(n), 342 read with Section 34 of IPC and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, be released on bail on furnishing P.B. of Rs.15,000/-(Rupees Fifteen Thousand) with one surety of the like amount on the following conditions :-
a] The applicant shall not tamper with the prosecution evidence in any manner.
b] The applicant shall not make any attempt to meet or communicate with the informant-victim in any manner till the conclusion of the trial.::: Uploaded on - 06/08/2019 ::: Downloaded on - 07/08/2019 02:39:46 :::
6 35-BA.728-19.odt c] The applicant shall not enter within the limits of village Bandarwada, Tq. Pathri, District Parbhani till the conclusion of the trial.
3. Application is accordingly disposed off.
(V.K.JADHAV, J.) ...
vmk/-
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