The High Court allowed bail to the applicant, who was arrested for offences under sections 376 and 392 of the IPC. The court exercised its discretion to grant bail upon execution of a personal bond and arrangement of surety.
Released on bail in crime no. 93 of 2012 upon execution of PR bond of Rs. 20,000/- and furnishing surety in the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) Cri. Appln. 4831-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4831 OF 2012
Shankar S/o Kisan Barde Applicant
Versus
The State of Maharashtra Respondent
Mr. Narayan B. Narwade, Advocate for the Applicant.
Mr. D.R. Kale, A.P.P. for the Respondent-State.
CORAM : M. T. JOSHI, J. DATED : 19TH NOVEMBER, 2012
ORAL ORDER:
1. Heard both sides.
2.The present applicant arrested by MIDC Police
Station, Ahmednagar in crime no. 93 of 2012 for the
offence punishable under section 376,392 of the Indian
Penal Code, is praying for his release on bail. The
complaint filed by the prosecutrix, who is 17 years old
girl alleges that on 20.6.2012, at about 11.00 in the
night, one unknown person came to her house in the
village. He was having an axe in his hand. At that time,
her family members i.e. two brothers and one brother's
wife were there. The unknown person gave threat by axe
and made search for certain documents relating to
agricultural property. Thereafter, he forcibly took the
girl outside of the house and thereat had forcible sexual
intercourse with her. At that time, her two brothers and
(2) Cri. Appln. 4831-2012
the wife of the brother were in the house. However, they
were threatened by the unknown person. It was further
alleged that after the commission of the crime, the
unknown person went away with the mobile of the
complainant. In the result, the complaint came to be
filed on 1.7.2012. The supplementary statement of the
prosecutrix girl recorded on 4.7.2012 shows that the
present applicant was presented before her from whom,
according to the prosecution the mobile sim card was found
and she has identified him as the very same person.
3.Learned counsel for the applicant submits that
the story ex-facie appears to be false, the investigation
is complete, there is no medical evidence, FIR is filed
belated and hence he submits that the applicant be
released on bail.
4.Learned A.P.P. opposed the application. He
submits that the statement of the prosecutrix itself prime
facie would show that the applicant has committed the
crime.
5.Considering the overall circumstances and the
fact that now the chargesheet is filed, in my view, the
applicant can be released on bail. In the circumstances,
the following order:-
(3) Cri. Appln. 4831-2012
I)The applicant be released on bail in crime
no. 93 of 2012 of MIDC Police Station, Ahmednagar for the
offence punishable under section 376,392 of the Indian
Penal Code, upon his execution of PR bond in the sum of
Rs.20,000/- and also on furnishing surety in the like sum.
6.Application disposed of accordingly.
Sd/-
[M. T. JOSHI, J.]
arp/
1 issue framed by the court
Whether the applicant should be released on bail under sections 376, 392 of the Indian Penal Code.
1 provisions across 1 enactments
Shankar S/o Kisan Barde
The State of Maharashtra
M. T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court