Allowed

Laxman Kamaji Pitlewad v. the State of Maharashtra and Another

Bombay HC15 Dec 2023BA/2031/2023

Case brief

AI extract

What is this about?

In a bail application regarding rape and related offences under IPC and POCSO, the High Court of Bombay, Bench at Aurangabad, allowed the bail petition, directing the accused to furnish security and imposing conditions regarding restricted area and police reporting.

What did the court decide?

Bail allowed on security of Rs. 50,000/-; applicant restricted from entering village Bendri Tanda and must report to police station once a week.

Laxman Kamaji Pitlewad Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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924 BAIL APPLICATION NO. 2031 OF 2023

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LAXMAN KAMAJI PITLEWAD VERSUS

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THE STATE OF MAHARASHTRA AND ANR

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Advocate for the applicant : Mr. S.S. Panale APP for respondent/State : Mr.S.A. Gaikwad

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CORAM : S.G. CHAPALGAONKAR, J.

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DATE : 15.12.2023.

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PER COURT :

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The applicant seeks regular bail in connection with Crime No.152 of 2023 registered with Bhokar police station, Tq. Bhokar, District Nanded for the offences punishable under sections 376(1), 363, 366(A), 341, 323 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

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Investigation was set in motion on the basis of the information given by the victim herself. It is alleged that in the month of October/November the informant had been to the field

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for harvesting cotton crop. While she was on her way towards field, unknown person met her in between 10.00 to 12.00 hours. He intercepted her and forcibly thrashed her in nearby cotton field and raped her and threatening not to disclose the incident to anyone. On 25.4.2023 she was detected to have with pregnency of about 6 months and therefore she was brought to hospital at Nanded. Accordingly it is alleged that unknown person committed rape on the victim. Consequently she conceived pregnency. The supplementary statement of the victim came to be recorded on 01.05.2023, wherein she disclosed the name of the applicant being the culprit. It appears that the pregnency of the victim has been terminated under order of this Court in Writ Petition No. 5597 of 2023 dated 23.05.2023. The applicant came to be arrested on 04.05.2023 and till today he is behind the bar. The investigation progressed. The charge-sheet came to be filed.

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Mr. Panale, learned Advocate appearing for the applicant would submit that the applicant has been falsely implicated in the crime. There was consensual physical relationship between the applicant and the victim. Only after

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pregnency was detected, false complaint has been lodge implicating the applicant. He would point out that the age of the victim was approximately 18 years. The applicant is aged about 21 years, the possibility of love affair cannot be ruled out.

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The learned APP as well as learned Advocate appearing for the victim strongly opposes the prayer for grant of bail. They would submit that the victim has consistently alleged the forcible sexual intercourse by the applicant/accused. Even in the statement under Section 164 of Cr.P.C. she has consistent with narrations given in the F.I.R. The D.N.A. samples are send for chemical analysis, a report of which is awaited and the release of the applicant may hamper smooth prosecution of case.

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Having considered the submissions advanced, it is apparent that there are allegations in F.I.R. against unknown person regarding commission of rape on the victim. In the supplementary statement the name of the applicant is disclosed to be the culprit. Pertinently, at the time of filing of the F.I.R. the victim was carrying pregnency of 6 months. The victim

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was aged for about 18 years and allegedly ravished in the manner narrated in the F.I.R. There is no reason why the incident was not reported immediately. The reasons for delay in lodging the F.I.R., prima-facie unconvinecable. The applicant appears to be a young man, aged 22 years and resides in the same village. However, his name was disclosed in the F.I.R. He is introduced as culprit in the supplimentary statement. In this background, the submissions advanced on behalf of the applicant that it is a case of love affair and consensual physical relationship reported to police on detection of pregnency cannot be ruled out on prima-facie consideration of material on record.

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The investigation in the matter is completed and the charge-sheet is filed. The applicant is behind the bar for more than 7 months. The trial would take its own course. It is reported that till the date the charge is not yet framed. Looking to the nature of the material on record the case is made out for grant of bail. Hence following order :

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O R D E R

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i. Bail Application is hereby allowed.

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ii. The applicant – Laxman Kamaji Pitlewad be

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released on bail in connection with 152 of 2023 registered with Bhokar police station, Tq. Bhokar, District Nanded for the offences punishable under sections 376(1), 363, 366(A), 341, 323 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 on his furnishing P.B. & S.B. of Rs.50,000/- (Rs. Fifty Thousand), on the following conditions :-

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a] The applicant shall not enter the village Bendri Tanda, Tq. Bhokar, District Nanded till conclusion of trial.

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b] The applicant shall attend the concerned police station once in a week i.e. on every Friday in between 10.00 a.m. to 2.00 p.m. till filing of the charge sheet.

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iii. Learned Advocate Mr. D.J.Patil, is appointed by the Legal Services Authority and his remuneration shall be paid as per rules.

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iv. Bail application is accordingly disposed off.

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( S.G. CHAPALGAONKAR ) JUDGE

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mahajansb/

Laxman Kamaji Pitlewad v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Laxman Kamaji Pitlewad v. the State of Maharashtra and Another

Case brief

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