In a bail application under Cr.No.451 of 2016 regarding alleged rape and other offences, the High Court rejected the plea. The court held that the alleged age of the applicant was not a ground for bail considering the strong prima facie evidence and nature of offences.
Application for bail rejected; applicant not enlarged on bail.
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.
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.10 OF 2018
Nagesh Hanumant Dhangar @ Kotari ...Applicant Versus The State of Maharashtra ...Respondent
Mr.Afshan G., for the Applicant.
Mr.M.G.Patil, A.P.P for the Respondent-State.
P.I – Balwant Patil, Azad Maidan Police Station.
CORAM : REVATI MOHITE DERE, J.
DATE : 2nd APRIL, 2018
P.C. :
452, 376(D), 341, 323, 504, 506(2) and 34 of the Indian Penal Code.
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accused are alleged to have gone to the house of the prosecutrix on 31st October, 2016, at about 10.15 p.m. It is alleged that when the prosecutrix’s husband opened the door, one unknown person is alleged to have kicked the door and came inside alongwith 7 other accused and one of the accused persons, allegedly held the prosecutrix’s husband and took him outside the room and assaulted him. Thereafter, all the accused including the applicant are alleged to have sexually assaulted the prosecutrix, pursuant to which the aforesaid complaint/FIR was lodged by the prosecutrix, alleging the aforesaid offences. A perusal of the medical history given by the prosecutrix to the Doctor is consistent with the FIR. It appears that the applicant has sustained abrasions on her chest and the doctor after examining her, has opined that sexual assault cannot be ruled out. It is also alleged by the prosecutrix that the accused had physical relations with her by using a condom. The statement of Rupesh Gupta, the shop keeper shows that on the date of the incident i.e. 31st October, 2016, at about 10.15 to 10.30, the present applicant had purchased 7 condoms from the said shop and had given an amount of Rs.100/-. The applicant has been identified in the identification parade by the prosecutrix.
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because the applicant is alleged to be 19 years, cannot be a ground for enlarging the applicant on bail.
applicant on bail.
of as such.
the observations made in this order.
(REVATI MOHITE DERE, J.)
2 issues framed by the court
Whether the alleged age of the applicant as 19 years constitutes a sufficient ground for granting bail given the grave nature of the charges including rape.
Whether the prima facie evidence of sexual assault and identification by the prosecutrix warrants rejection of the bail application.
1 provisions across 1 enactments
Nagesh Hanumant Dhangar @ Kotari
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
