bail application allowed in a rape and criminal mischief case; applicant released on bail with monetary security and restrictions on approaching the prosecutrix or tampering with witnesses.
applicant released on bail under sections 376-D, 504, 506 IPC with security of Rs.25,000 and one surety.
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 Application 341/2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Application No.341 of 2014
Ramesh s/o Bhima Sangle.
.. Applicant.
Versus
The State of Maharashtra.
.. Respondent.
Shri. N.B. Narwade, Advocate, for applicant.
Smt. V.A. Shinde, Additional Public Prosecutor, for respondent.
Shri. Amol K. Gawali, Advocate, to assist the APP.
CORAM: T.V. NALAWADE, J. DATE : 14th FEBRUARY 2014
ORDER:
2 Application 341/2014
She has contended that when her mother-in-law came to the field the applicant ran away. It is alleged that her clothes were torn and bangles were broken. When she disclosed this incident to her husband and relatives she was taken to the police by her relatives. In respect of the incident dated 8-12-2013 report was given on 9-12-2013. It is her contention that due to fear of the applicant and other accused Kalyan Sangle report could not be given on that date. This Court has perused the medical record. The record shows that within 24 hours some injuries like contusions were caused to the complainant and they were on shoulder, occipital region, chick etc. There was no injury to private part. She is a married woman.
3 Application 341/2014
Learned counsel for the applicant submitted that other accused Kalyan Sangle was not present in the village on that day and police have collected record to the effect that he was attending a marriage at the relevant time. Learned counsel submitted that the other Court dealing with anticipatory bail applications has granted interim protection to Kalyan Sangle in the present crime. He submitted that the prosecutrix was defeated by the relative of Kalyan Sangle in the village panchayat elections and due to that she was angry with the party of Kalyan. He submitted that the villagers have given representation to the effect that the prosecutrix is in habit of giving false complaints against Kalyan.
4 Application 341/2014
the residential place of the prosecutrix.
Sd/-
(T.V. NALAWADE, J.)
rsl
3 issues framed by the court
Whether bail should be granted to the applicant in the rape and criminal mischief case.
Whether there is a possibility of tampering with prosecution witnesses or influencing the prosecutrix.
Whether the applicant should be released on bail with specific conditions.
1 provisions across 1 enactments
Ramesh s/o Bhima Sangle
The State of Maharashtra
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
