Allowed

Rahul Pawankumar Dhaware v. the State of Maharashtra and Another

Bombay HC29 Mar 2023BA/360/2023

Case brief

AI extract

What is this about?

Bail application allowed for applicant involved in offences regarding abduction, kidnapping, rape, and sexual offences against a minor. Court found prima facie evidence of a consensual affair noting voluntary elopement but imposed strict conditions including bond execution and no contact with the victim.

What did the court decide?

Bail application allowed; applicant released on bail by executing P.B. and S.B. of Rs.50,000 with one solvent surety under specified conditions.

Rahul Pawankumar Dhaware Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2023)

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917-ba-360-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.360 OF 2023

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RAHUL PAWANKUMAR DHAWARE
VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicant : Mr. Sandanshiv Milind B.
APP for Respondent/State : Mr. S.P. Deshmukh
Advocate for Respondent No.2 : Ms. Varsha V. Sundale

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CORAM : S.G. MEHARE, J.

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 DATED : MARCH 29, 2023

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PER COURT:-

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1. Heard learned counsel for the applicant, learned APP for the State and learned counsel for the victim.

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2.Perused the papers. The victim in her statement before
the medical officer, stated that she went with the applicant voluntarily
as she was liking him.

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3.The applicant has also a case that they were in love
relationship. However, her parents were opposing; hence, she was
taken forcibly into custody with the assistance of the police. She was
threatened. Hence, she has given the incorrect statement before the
police. They were in contact for a long time. It was purely an affair.
The medical evidence also does not support the prosecution. She was
17 years and 11 months old at the time of the incident. They were
about to marry, but due to family obstruction, they could not marry.

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917-ba-360-2023.odt

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(2)

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The material investigation has been completed. Hence, he may be
granted bail.

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4.Learned counsel appearing for the victim has vehemently
argued that the victim was minor at the time of incident. The
applicant lured her and under the false pretext to marry did forcible
sex with her. She has now set her future life. She has an
apprehension of disturbing her new marital life at the hands of the
applicant. Hence, she prays to dismiss the application. Learned APP
has also opposed the application on similar grounds.

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5.The papers reveals that victim had relationship with the
applicant. On the day of the incident, she voluntarily eloped with the
applicant. The possibility of pressuring her to give the statement
against him cannot be ruled out. Her statement as regards her
eloping are contradictory, but prima facie it can be believed that it
was a case of affair. The material investigation has been completed.
Nothing is to be recovered from the applicant. The apprehension of
the victim may be guarded by imposing certain conditions. Hence,
the following order :

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ORDER

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(i) Bail Application is allowed.

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(ii) The applicant, Rahul Pawankumar Dhaware, be released on bail

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on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with Crime No.34

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917-ba-360-2023.odt

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(3)

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of 2023, registered with Ambajogai Police Station, District Beed for
the offence punishable under Section 363, 366(A), 376, 376(2)(n)(f)
of the Indian Penal Code and Section 4, 6, 8 and 12 of the Protection
of Children from Sexual Offences Act, on the conditions that he shall
not tamper with the prosecution witnesses.

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(iii)The applicant shall attend the concerned police station as and
when called on written notice by the investigating officer, till filing the
charge sheet.

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(iv)The applicant shall not contact the victim in any mode or
manner anytime.

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Mujaheed//

Rahul Pawankumar Dhaware v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Rahul Pawankumar Dhaware v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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