Single judge allowed bail for the applicant charged with rape and cheating. The court reasoned that the victim's statement indicated a consensual relationship and the financial loss was recovered. Bail granted on furnishing a bond.
Released on bail on furnishing a P.R. bond of Rs.25,000/- with sureties and conditions not to influence witnesses.
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.
Dusane
1/3914 BA 1954.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BHALCHANDRA GOPAL DUSANE
BAIL APPLICATION NO.1954 OF 2021
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2021.10.14 14:39:55 +0530
Nimesh Amarbhai Vachheta....Applicant
Vs.
The State of Maharashtra ....
Respondent
Ms. Anjali Patil, for Applicant.
Mrs. A.A. Takalkar, APP for State.
PSI, B.V. Gaonkar, Amboli Police Station.
Coram : NITIN W. SAMBRE, J.
Date : 13th OCTOBER, 2021
P.C.:
1.On 24th January, 2020, the applicant came to be arrested in
Crime No. 524 of 2020, registered with Amboli Police Station and
charge-sheeted for the offence punishable under Sections 376 and 420
of the Indian Penal Code.
2.The submissions of learned counsel for the applicant are,
there was consensual relationship, as could be inferred from the
Dusane
2/3914 BA 1954.21.doc
statement of the victim. It is further claimed that loan amount of
Rs.1,20,000/- is already deposited with the Investigating Officer.
4.In the aforesaid background, even though learned APP has
opposed the prayer for grant of bail, as the offence is punishable under
Section 376 of Indian Penal Code, in my opinion, discretion needs to be
exercised in favour of the applicant on following reasons.
(a) The statement speaks prima facie consensual
relationship; (b) the amount involved in the crime is
already recovered and (c) there are no criminal
antecedents.
5.The application is allowed on following conditions :
O R D E R
(i)The applicant be released on bail in Crime No. 524 of 2020,
registered with Amboli Police Station, for the offence punishable under
Sections 376 and 420 of the Indian Penal Code, on furnishing P.R. bond
in the sum of Rs.25,000/- with one or more sureties in the like amount.
Dusane3/3914 BA 1954.21.doc
(ii)The applicant shall neither influence the prosecution
witnesses in any manner nor tamper with the evidence.
(iii)The applicant shall furnish address of his permanent
residence and also furnish his latest contact details to the I.O.
( NITIN W. SAMBRE, J. )
1 issue framed by the court
Whether bail should be granted in an offence under Section 376 IPC where the victim's statement suggests a consensual relationship and the involved amount is recovered.
1 provisions across 1 enactments
Bhalchandra Gopal Dusane
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court