Order Below Exh.1 in Cri.B.Appln.No. 538/2022
CNR NO.MHNS010021482022
Dasharath Ramesh Pagare Vs. State.
Heard:
Ld. Adv. Mr. A. K. Kale for the applicant.
Ld. A.P.P. Ms. S.S. Sangle for the State.
Investigating Officer present.
Perused the say filed by the complainant/victim.

1.

This is an application under Section 439 of the Code
of Criminal Procedure, 1973 in Crime No.144/2022 registered at
Police Station, Dindori, Dist­Nashik for the offence punishable
under Section 376(1), 376(2)(f) of the Indian Penal Code, 1860.
It is the case of prosecution in brief that the applicant/accused is
the brother­in­law of the victim and that her husband works in
the restaurant owned by him. They all reside in the same house.
On the date of the incident, the victim’s husband had called her
and told her that he will be reaching home late.

When the
victim was sleeping in the backyard of the house, she realized in
the middle of her sleep that the accused/applicant is sleeping
there in his underwear. She was shocked to see him in that
state near her.

Thereafter, he gagged her mouth, lifted her
saree and raped her. She narrated the incident to her family
members the next morning and lodged FIR.
2.

Ld. Advocate for the applicant has submitted that the
FIR is false and has been filed with an ulterior motive due to
some grudge. Nobody would dare to commit rape with his own
sister­in­law when there are other family members present in
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Cri.B.Appln.No.538/2022
Order Below Exh.1
the house. The applicant is a married and elderly person. The
story of prosecution is not believable. The applicant is behind
bars since the past one month. He is ready to abide by the terms
and conditions imposed by the court. Therefore, no purpose will
be served by keeping him behind bars.
3.

Per contra, Ld. A.P.P. has vehemently opposed the
application on the ground that there is prima­facie case against
the applicant. Offence is serious in nature and is punishable up
to imprisonment for life. Investigation is in progress and charge­
sheet is yet to be filed. If the applicant is released on bail, there
are chances of his tampering with
prosecution witnesses,
especially, since they are related to each­other and reside in the
same house.

Nothing is brought on record to show any grudge
on the part of the victim. The very fact that the victim was
sleeping in the backyard of the house indicates that the
applicant was in a dominating position and that he has misused
the said position.
4.

Perusal of the case­diary reveals prima­facie case
against the applicant. Investigation is in progress and charge­
sheet is yet to be filed. Therefore, apprehension of the Ld. A.P.P.
that if the applicant is released on bail, there are chances of his
tampering with prosecution witnesses is well­founded. Offence
is serious in nature and is punishable up to imprisonment for
life. Nothing is brought on record to show any grudge on the
part of the victim. The very fact that the victim was sleeping in
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Cri.B.Appln.No.196/2022
Order Below Exh.1
the backyard of the house indicates that the applicant was in a
dominating position and thus prima­facie there appears to be no
reason for the victim to lodge a false FIR.

Moreover, being
married and being elderly is in no way an indication of being
incapable of committing the offence of rape. In view of the
foregoing discussion, I am inclined to reject the application.
ORDER
Application is hereby rejected.
MRIDULA
BHATIA
Nashik
26/05/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.05.26
18:35:41
+0530
Mridula Bhatia
District Judge­2 and
Additional Sessions Judge, Nashik.