On the bail application of an accused facing severe Section 376 POCOS charges, the High Court dismissed it, noting the applicant's habit of trapping women and citing a prior 2019 rape conviction where he was accused of kidnapping. The court held he poses a flight risk and danger to society.
Bail application dismissed.
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.
2024:BHC-AUG:24035
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.
918 BAIL APPLICATION NO. 1346 OF 2024
SUNIL AMBADAS TAMBE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicant : Mr. Narwade Narayan B. APP for Respondent- State : Mr.G.O. Wattamvar Advocate for respondent no.2 : Mr. Nahar Akash P.
DATE : 3rd October, 2024.
P.C.:
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was pregnant from her husband. He administered her tablets, that terminated her pregnancy.
that the applicant had trapped the victim, who was a minor. He did
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forcible sex with her under the promise to marry. He literally took her with him but he was continuously instigating her to file suit against her parents to receive the money. He had ill-eye over her money. He, therefore, was making a false promise to marry her. When she realized that his promises are fake, she lodged the complaint against him. The applicant can not take advantage of the report filed by her against her mother. It was a old dispute. The victim was completely under the control of the applicant and he misused her childhood. It has also been pointed out that the applicant is habitual offender of trapping such girls or women. He was an accused for the offence of rape and kidnapping in 2019. Thereafter, he trapped the victim. He may again trap another girl in future or tamper with the prosecution. Hence, he may not be granted bail.
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applicant has granted anticipatory bail, but it was cancelled for violating the bail conditions. Considering the past conduct of the applicant, possibility of tampering of the witnesses, trapping the women can not be ruled out. Hence, the application stands dismissed.
[ S. G. MEHARE, J. ]
sga
3 issues framed by the court
Whether bail should be granted to the accused in a gang rape and POCOS case given his history of trapping women.
Whether the applicant's previous petition to the Superintendent of Police exonerating him should be relied upon.
Whether the possibility of future trapping of women and tampering with evidence justifies rejection of bail.
2 provisions across 2 enactments
SUNIL AMBADAS TAMBE
THE STATE OF MAHARASHTRA
S. G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
