StateMr. S v. Salunke
Legal Reasoning
-1- BA.2210.2024IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO. 2210 OF 2024Prakash S/o. Kashinath Pande, Age : 25 years, Occu. : Labour, R/o. Balegaon, Tq. Umari, Dist. Nanded.… ApplicantVersus1.The State of Maharashtra, Through Nanded Rural Police Station, Taluka and District Nanded. 2.X.Y.Z.… Respondents.……Mr. Prashant P. Giri, Advocate for ApplicantMr. S. B. Narwade, APP for Respondent – StateMr. S. V. Salunke, Advocate for Respondent No.2 (Appointed)...… CORAM :ABHAY S. WAGHWASE, J.RESERVED ON :16 JANUARY, 2025PRONOUNCED ON :20 JANUARY, 2025ORDER : 1.This is an application for regular bail on account ofarrest of applicant in Crime No. 368 of 2024 registered at NandedRural Police Station, Dist. Nanded for offence punishable undersections 376, 376(2)(n), 506 of Indian Penal Code (IPC) andsections 4, 6, 8 and 12 of Protection of Children from SexualOffences Act, 2012, (POCSO Act) read with section 3(1)(w)(i)(ii)and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 (SC & ST Act).
Legal Reasoning
-2- BA.2210.20242.Claiming false implication, learned counsel forapplicant pointed out that, applicant is arrested on 21.05.2024 onreport lodged by victim on 10.05.2024. That, victim is said to be17 years and 6 months old. That, said victim complained of chestpain and was taken to hospital and it is alleged that, she was foundto be pregnant and thereafter, it is alleged that victim informedthat two years back, when she had been to attend a marriage, shegot acquainted with accused no.2, he used to follow her andmaintained forceful sexual relations with her. It is further pointedout that, in supplementary statement given after 10 days, victimclaims that, present applicant visited her house in January 2024and subsequently thereafter on several occasions maintainedforceful sexual relations with her after issuing threats. He pointedout that, last intercourse was reported to be on 14.03.2024.Learned counsel pointed out that, all such previous incidences arereported by victim in her supplementary statement i.e. whileundergoing treatment. Thus, according to learned counsel, there isfalse and afterthought implication. He pointed out that, only whenpregnancy was revealed, applicant is named. That, she hadrelations with accused no.2. Learned counsel pointed out that suchaccused is already beneficiary of bail by this court vide order dated25.10.2024. For above reasons, learned counsel submits that, now -3- BA.2210.2024applicant is behind bars for more than 7 months. Nothing is to berecovered or discovered from him and hence he seeks grant ofregular bail.3.While opposing the above application, both, learnedAPP as well as learned counsel for victim pointed out that victim isa minor. That, serious offence has been committed on her byissuing threats and blackmailing her. That, statement of victim isrecorded even under section 164 Cr.P.C. Consequently, forcommitting serious offence on a minor, they both strongly opposedthe relief of regular bail. 4.Heard. Perused the papers. FIR dated 11.05.2024seems to be at the instance of victim, who gave her age as 17 years.Substance of her statement is that, on 09.05.2024, when onaccount of complaint of chest pain, her mother took her toGovernment Hospital and there her Sonography revealed that shewas pregnant. According to her, such pregnancy was due to Amol,R/o. Karla, Tq. Biloli and she reported that, two years back, whenshe had been to Karla, Tq. Biloli to attend marriage of her cousinand had stayed for 4 to 5 moths at her maternal aunt’s place, saidAmol followed her and teased her. She claims that, in January2023 (but she is unable to give exact date), when she was alone -4- BA.2210.2024and her mother and brother were out of the house, around 12:00noon, he had forceful sexual relations with her. When she told himthat she would inform about it to her family members, hethreatened to defame her and thereafter he repeatedly came to herhouse and used to have sex with her and last sexual intercourse byhim was of 04.03.2024 and hence on the basis of report, she claimsaction against him. It seems that on her above statement dated10.05.2024, crime bearing no. 368 of 2024 is registered by police,but, on 11.05.2024.5.Papers placed on record further show, to whichattention has been invited, that supplementary statement of victimwas recorded on 20.05.2024 i.e. after 10 days of first report, inwhich she is reported that Amol had sexual relations with her upto December 2023 and thereafter there was quarrel between them.She further reported that, friend of her brother, namely PrakashPande (i.e. present applicant) used to come home and he had learntabout her previous relations and he also expressed his lovetowards her, but she turned it down and thereafter presentapplicant allegedly threatened to disclose about her previousrelations with Amol to her brother and mother and in spite of herrequest, to not to do so, he informed Amol about love relation ofvictim with another boy as a result of which Amol discontinued his -5- BA.2210.2024relations. She further reported that present applicant had declaredhe is going to beat Amol and when she requested him not to do so,applicant said that if she maintains physical relations with him, hewould not beat Amol and therefore since January 2024 till April2024, present applicant had sexual relations with her and as suchthe pregnancy is from him.6.Thus, what is emerging from above discussion is thatvictim is changing versions only on detection of her pregnancy.Initially, she implicated Amol for having forceful sexual relations,but after 10 days, she gives supplementary statement implicatingpresent applicant for having sex with her under threat andimpregnating her. Taking the same into consideration, and as applicant isreported to be behind bars since May 2024, charge-sheet havingbeen filed and further there being nothing to suggest aboutimmediate prospects of matter going for trial, relief as prayeddeserves to be granted. Hence, I proceed to pass the followingorder:- ORDER(i)Application is allowed.(ii)Applicant Prakash S/o. Kashinath Pande be released onbail in connection with Crime No.368 of 2024 registered with -6- BA.2210.2024Nanded Rural Police Station, Dist. Nanded on executing P.B.of Rs.15,000/- with one surety in the like amount. (iii)Applicant shall not tamper prosecution evidence.(iv)Applicant shall not enter in the vicinity of Shahunagar,Meera Nagar, Nanded till conclusion of the trial.(v)Fees of learned Advocate, who is appointed to representcause of respondent no.2 is to be paid by the High Court LegalServices Sub-Committee, Aurangabad as per rules. (ABHAY S. WAGHWASE, J.) Tandale