In criminal bail application, the court rejected the plea of the applicant alleged to have committed rape under Section 376 IPC. Considering the seriousness of the charge and risk of tampering with evidence, bail was denied.
Bail application rejected.
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.
BA139.2012
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Application (BA) No. 139 of 2012
Subhash Baburao Tumde
vs.
State of Maharashtra through P.S.O. P.S. Durgapur, Distt. Chandrapur
Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions and Registrar’s orders.
Court’s or Judge’s orders
CORAM : A.P. BHANGALE, J . DATED : 27.3.2012.
Heard Mr. D. K. Hazare, learned Advocate for the Applicant and Mr. Ambarish Joshi, learned APP for the respondent-State.
BA139.2012
2
had taken prosecutrix-Manisha to the nearby forest area and committed forcible rape. When the prosecutrix came home she disclosed the whole incident to her Grandmother and Aunt that the applicant had pressed her mouth when she tried to shout and the present applicant removed her clothes and pushed her to the ground and committed forcible sexual intercourse on her.
The statements of Grandmother and Aunt of the prosecutrix have been recorded by the police during the course of investigation. The statement of alleged victim (prosecutrix) is also recorded in the presence of member of “Samajik Mahila Suraksha Samitti”. They had categorically stated that present applicant on the pretext of paying her some money had taken to nearby Jungle area and raped prosecutrix-Manisha forcibly.
BA139.2012
3
learned Additional Sessions Judge, Chandrapur, had, by its order dated 27/12/2011, rejected the application filed by the present applicant for grant of bail, after considering the seriousness of the offence of rape committed on prosecutrix-Manisha.
The learned trial Judge concerned shall endeavour to dispose of the sessions case as expeditiously as possible.
JUDGE
Punde
2 issues framed by the court
Whether bail should be granted to an accused alleged to have committed rape under Section 376 IPC.
Whether the possibility of tampering with evidence justifies rejection of bail.
1 provisions across 1 enactments
Subhash Baburao Tumde
State of Maharashtra
A.P. BHANGALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
