Bombay High Court
Krishna Sarjerao Fande vs The State Of Maharashtra on 25 June, 2020
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 BA 490.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
983 BAIL APPLICATION NO.490 OF 2020
KRISHNA SARJERAO FANDE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Sudarshan J. Salunke
APP for Respondent : Mr. A M Phule
...
CORAM : V.K. JADHAV, J.
Dated : June 25, 2020
...
PER COURT :-
1. The applicant is seeking regular bail in
connection with Crime No.271 of 2019 registered with
Majalgaon (Rural) Police Station, District Beed for the
offences punishable under sections 376, 506 of IPC and
under section 67-A of the Information Technology Act,
2000. His application with similar prayer bearing Misc.
Cri. Appln No.155 of 2020 came to be rejected by the
learned Additional Sessions Judge, Majalgaon vide order
dated 2.6.2020.
2. Learned counsel for the applicant submits
that the applicant is cousin brother-in-law of the victim.
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Victim is a married woman thirty years of age. Though,
there are allegations about commission of rape, it has
also been alleged that the applicant has video recorded
the commission of rape. Learned counsel submits that
as per the allegations, if victim was subjected to forcible
intercourse, it is unbelievable that the applicant has
video recorded the said commission of rape. Learned
counsel submits that it is also pertinent that the pen-
drive of the said video recording has been handed over
by the informant/victim herself to the police during the
course of investigation. Learned counsel submits that
there is no dispute reached to the Court, however, the
two families are in cross terms. Learned counsel
submits that the applicant may be released on bail and
he is ready to abide the conditions, if imposed by the
Court not to enter in the village till the conclusion of the
trial.
3. Learned A.P.P. has strongly resisted the
application on the ground that serious allegations about
commission of rape have been made against the
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3 BA 490.2020.odt
applicant. The applicant has not only committed rape
but also video recorded the incident. There is every
possibility of the tampering with the prosecution
evidence, if the applicant is released on bail.
4. On going through the allegations made in the
complaint and on perusal of the charge sheet, I fnd it
pertinent that at the time of commission of rape the
applicant/accused has video recorded the incident.
Furthermore, it is also surprising that the victim herself
has produced the pen-drive of the said video recording
before the investigating offcer. It is not clear as to in
what manner she got pen-drive of the said video
recording. The applicant and victim are the close
relatives. The applicant is cousin brother-in-law of the
victim. Thus, considering the entire aspect of the case
and the applicant is in jail since 1.3.2020, I am inclined
to release the applicant on bail with certain conditions.
The applicant and the victim are residing in the same
village and it is thus appropriate to impose the condition
on the applicant as not to enter in the village till the
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4 BA 490.2020.odt
conclusion of the trial to avoid the tampering. Hence,
following order.
ORDER
I. The application is hereby allowed.
II. The applicant Krishna Sarjerao Fande in connection with Crime No.271 of 2019 registered with Majalgaon (Rural) Police Station, District Beed for the offences punishable under sections 376, 506 of IPC and under section 67-A of the Information Technology Act, 2000 be released on bail on furnishing P.B. of Rs.15,000/- (Rs. 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 enter within the limits of village Sawargaon, Tq. Majalgaon, District Beed till the conclusion of the Trial.
III. Application is accordingly disposed off.
( V.K. JADHAV, J. ) ...
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