Bail application dismissed as applicant lacked merits due to strong material. Liberty granted if charge-sheet not framed within six months.
Application dismissed; liberty to approach afresh if charge not framed within six months.
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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25 BA 770.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Digitally signed by BHALCHANDRAGOPALDUSANE BHALCHANDRAGOPALDUSANEDate: 2021.10.08 12:40:18 +0530
BAIL APPLICATION NO. 770 OF 2021
Mr. Rohan Ramkrishna Dhekane
....
Applicant
Vs.
The State of Maharashtra
....
Respondent
Mr. Sudarshan Salunke i/by Mr. Dhananjay M. Shinde for Applicant.
Mr. A.R. Kapadnis, APP for State.
PSI, I.F. Sayyad, Kolsewadii Police Station.
Coram : NITIN W. SAMBRE, J. Date : 6th OCTOBER, 2021
P.C.:
1.The applicant is seeking bail in Crime No.654 of 2020,
registered at Kolsewadi Police Station, Kalyan (East), for the offence
punishable under Sections 376(2) (N), 323, 504 of the Indian Penal
Code.
2.Heard Mr. Salunke, learned counsel appearing for the
applicant. According to him, the statement recorded under Section 164
Cr.P.C is at variance with the statement recorded under Section 161
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Cr.P.C. According to him, though the victim, which is an educated
working lady, had consciously taken decision to establish relation with
the applicant.
3.He would further claim that the applicant is already
subjected to custodial interrogation and that being so, having charge-
sheeted, he is required to be released on bail.
4. Learned APP opposed the prayer.
5.The victim-girl in her statement recorded under Sections
164 and 161 Cr.P.C. has supported the case of the prosecution. The
applicant, established physical contact with the victim and sexually
assaulted her on a promise of marriage, which is not honoured.
6.The material depicts that the applicant is prima facie
involved in the crime in question as there is strong material available
against him. That being so, the application lacks merits, stands
dismissed.
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7.However, if charge is not framed in six months, liberty to
approach afresh.
( NITIN W. SAMBRE, J. )
1 issue framed by the court
Whether bail should be granted to the applicant charged with sexual assault.
3 provisions across 2 enactments
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The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court