Order Below Exh.1 in Cri.B.Appln.No. 768/2022
CNR NO.MHNS010030582022
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.
Perused the say filed by the complainant/victim.
Victim/interventionist present in person along with
her advocate.
The said bail application has been heard in­camera.

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
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Cri.B.Appln.No.768/2022
Order Below Exh.1
some grudge. Nobody would dare to commit rape with his own
sister­in­law when there are other family members present in
the house. The applicant is a married and elderly person. The
story of prosecution is not believable. The applicant is behind
bars since almost two months. Investigation is over and charge­
sheet has been filed. 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. If the applicant is released on bail,
there are chances of his tampering with prosecution witnesses.
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.
Previous bail application was rejected by a well­reasoned order
and there is no change in circumstances thereafter. Mere filing
of charge­sheet does not amount to change in circumstance.
4.

Perusal of the charge­sheet reveals prima­facie case
against the applicant. 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 the backyard of the house
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Cri.B.Appln.No.768/2022
Order Below Exh.1
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. Previous bail application was rejected by a well­
reasoned order and there is no change in circumstances
thereafter. Mere filing of charge­sheet does not amount to
change in circumstance. In view of the foregoing discussion, I
am inclined to reject the application.
ORDER
Application is hereby rejected.
MRIDULA
BHATIA
Nashik
28/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.28
17:36:41
+0530
Mridula Bhatia
District Judge­3 and
Additional Sessions Judge, Nashik.