High Court adjudge rejected bail application of accused alleged to have committed rape and criminal intimidation by forcibly keeping prosecutrix captive at his house and having physical relations with her, deeming it a fit case for denial.
Bail application rejected; order states it is not a fit case to enlarge the applicant.
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.
BA 714-19.doc
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 714 OF 2019
Suresh Balaji Kakade
.Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Irfan A. Shaikh, Advocate, for the Applicant Mr. P. H. Gaikwad-Patil, APP, for the Respondent – State Mr. Ravindra Ahire, API, CBD Belapur Police Station, Navi Mumbai present
CORAM : REVATI MOHITE DERE, J.
DATE : 23.07.2019 P.C.
. Heard learned counsel for the parties.
bail in connection with C. R. No. I-198 of 2017 registered with the CBD Belapur Police Station, Navi Mumbai, for the alleged offences punishable under Sections 376, 341, 342, 504 & 506 of the Indian Penal Code.
prosecutrix. According to the prosecutrix, aged 50 years, the Applicant,
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aged 35 years called her to his house on 23.11.2017 in the evening at
7.00 p. m. The Applicant is alleged to have told the prosecutrix that he was hungry for the last 2-3 days and that as his mother had gone to the hospital, she was not cooking and asked the prosecutrix to come and cook for him. The prosecutrix has further alleged that when she went to cook for the Applicant, the Applicant was consuming alcohol. She has stated that after she finished cooking, the Applicant gave her a glass in which he had mixed alcohol. She has further stated that when she was about to leave his house, the Applicant locked the door of the house and told her not to leave and do as told. She has alleged that the Applicant had forcible physical relations with her. She has further stated that when her daughter came to call out her, the Applicant refused to open the door and finally opened the door at 10.00 p. m. The prosecutrix was immediately moved to the MGM Hospital. The statement of the prosecutrix recorded under Section 161 of the Cr.P.C. is consistent with her statement recorded under Section 164 of the Cr.P.C. as well as the history given to the Doctor. In the history given to the Doctor, the prosecutrix has stated that she was sexually assaulted by her neighbour ( daughter-in-law's brother). She has stated that the Applicant gave her Thums Up mixed with alcohol and that later, she was found naked inside a room with the accused. The prosecutrix appears to have
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BA 714-19.doc
sustained injuries on her hand and forearm. There are witnesses i. e.
family members, who corroborate the prosecutrix's case.
order.
(REVATI MOHITE DERE, J.)
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1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 376 and 341 of the Indian Penal Code.
Suresh Balaji Kakade
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
