The court granted anticipatory bail to the applicant charged under sections 376(2)(n) and 506 IPC. The court found the relationship consensual and held that the allegation of rape lacked substance, making custodial interrogation unnecessary.
Anticipatory bail granted with a bond of Rs. 30,000 and one or two sureties in like amount.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 772 OF 2020
Sachin Shivaji Patil .... Applicant Versus The State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO. 1470 OF 2020
Sujata Manik Salunkhe …. Intervenor In the matter between: Sachin Shivaji Patil .... Applicant Versus The State of Maharashtra .... Respondent ______
Mr. A. P. Mundargi, Sr. Advocate i/b. Kuldeep U. Nikam for Applicant.
Mr. Umesh Pawar for Intervenor. Mrs. J. S. Lohokare, APP for State/Respondent.
CORAM : SARANG V. KOTWAL, J. DATE : 04th FEBRUARY, 2021
P.C. :
Sangli, on 02/09/2020, under sections 376(2)(n) and 506 of the
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Gokhale
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Indian Penal Code (for short ‘IPC’).
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her case that the applicant was telling her that, he would help her in getting divorce from her husband and then he would marry her. He also induced her into undergoing an operation for family planning. When she was admitted in the hospital in August, 2020, police visited the hospital. They were investigating the complaint lodged by her father about her missing. After that the applicant left her to her parent’s place and then did not contact her. On this basis, the F.I.R. is lodged.
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consent and, therefore, the offence is made out.
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ORDER
(i) In the event of his arrest in connection with C.R.No.291 of 2020 registered at Ashta Police Station, Dist. Sangli, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(SARANG V. KOTWAL, J.)
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2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case alleging rape arising from a consensual relationship.
Whether custodial interrogation of the applicant is necessary given the consensual nature of the relationship.
2 provisions across 1 enactments
Sachin Shivaji Patil
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
