Single judge allowed pre-arrest bail confirming interim relief. The court found prima facie evidence suggested a consensual act between adults, indicating the FIR was registered as an afterthought, warranting bail.
Application allowed; interim relief confirmed; condition to attend Investigating Officer/Police Station waived.
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.
aba.322-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 322 OF 2018
Shahalam Sirajuddin Chaudhary. … Applicant
V/s.
The State of Maharashtra … Respondent
Mr. Subhash Jha a/w Siddharth Jha, Hare Krishna i/b Law Global for Applicant. Ms. Rutuja Ambekar, APP for State.
CORAM : A.S.GADKARI, J.
DATE : 4th June 2018.
P.C.:
1] By an Order dated 21st February 2018, the applicant was granted interim relief.
2] Heard the learned Counsel for the applicant and the learned APP. Perused the record.
3] The prosecution case in brief is that, the applicant in the wee hours of 21.11.2017 had been to the house of the first informant under the pretext of giving her a gift and committed rape upon her. The first information report itself mentions that, the children of the first informant aged about 17 and 14 years respectively were present in the house at that time and were sleeping. The record indicates that, the residential premises of the first informant consists of a solitary
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aba.322-2018.doc
room admeasuring 12 ft. X 12 ft. It prima facie appears that the said act as alleged by the first informant was a consensual act between two adult persons and the present crime is registered as an afterthought by the first informant. Hence the applicant deserves to be protected by pre-arrest bail.
4] In view thereof, interim relief granted by an Order dated 21st February 2018 is confirmed. However, the condition to attend the Investigating Officer/concerned Police Station is hereby waived.
5] Application is allowed in the aforesaid terms.
(A.S.GADKARI, J.)
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1 issue framed by the court
Whether to confirm interim pre-arrest bail in a rape case where evidence prima facie suggests consensual act between adults.
1 provisions across 1 enactments
Shahalam Sirajuddin Chaudhary
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
