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Cri. Bail Application No. 1268 / 2020
1.
2.
Kondaji Budha Deshmukh
Kisan Runja Wadge
..
Applicants/
Accused.
..
Respondent.
Vs.
The State of Maharashtra
through P.I. Harsul P.Stn.
Nashik Rural, Nashik.
(Cr. No. I 55/2020)
Order below Exh.1
1.
This application has been filed by the applicants/accused
under section 439 of Cr.P.C. for releasing them on regular bail in
the aforesaid Crime registered at Harsul Police Station for the
offences punishable under section 354A, 376(1), 376(d), 452& 506
r.w.sec. 34 of the Indian Penal Code.
2.
According to the prosecution case, the FIR was lodged by
the victim who is 21 years married woman alleging therein that she
was acquainted with the accused persons since two years as they are
resident of same village. They used to tease the victim but she could
not inform the same to her family members with the apprehension
that she would be defamed in the society. The incident took place on
13.09.2020 around 10.00 p.m. She was sleeping with her daughter
and her husband had gone to Samaj Mandir and was gossiping with
other villagers.
Her inlaws were sleeping adjacent room.
At that
time, both the accused persons entered her house. Accused No.2
gagged her mouth and held her hands and accused No.1 committed
rape on her.
They also threatened her on knife point and thus,
thereby committed heinous crime. They also threatened her of dire
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consequences which she reveals the incident to anyone.
Around
11.00 p.m., her husband reached home but she was sacred and so
she did not him about the incident.
Thus, the accused persons were
continuously after the victim to keep physical relationship with them.
They succeeded to do the heinous crime on 13.09.2020.
She then
reported the incident to the police station.
Based on her statement, the FIR / Crime was registered
against the applicants/accused. They were arrested on 17.09.2020 &
21.09.2020 and since then they are in custody.
3.
The learned counsel Mr. P.R. Shejwal appearing for the
applicants/accused has submitted that they have been falsely
implicated in the case.
victim.
The accused No. 1 was in love with the
Their love relationship was known to her family members
and so in order to save herself and marriage, she concocted the story
and named the accused persons.
The learned counsel further says
that as per the story of the victim, the offence was committed on the
knife point but police did not seize anything during their custodial
interrogation. Their custodial interrogation is already over. They
have no criminal antecedents. They are ready to abide by all the
terms & conditions imposed by this Court. Hence, he prays to allow
the application.
He has relied on the following case laws. :
1.
Sayed Mclloomiyah Sayed Vs. State of Maharashtra
ALL MR (Cri) 2004 0 1.
2.
Mahender Singh Vs. State of Haryana – LEX (P&H)
2006 5 44.
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4.
The Investigating Officer has filed his Say at Exh.5 and
strongly opposed the application stating that the offence is serious in
nature. They are resident of same village and there is a possibility of
threats to the victim and the witnesses. If they are released on bail,
they may commit similar offence. Hence, the Investigating Officer
prays for rejection of the application. The learned APP Smt. Bhide
submitted her objections by stating that there is a strong prima facie
case against both the accused. The narration of the victim in the FIR
and the statement under section 164 of the Cr.P.C. are corroborated
each other.
The case laws filed by the learned counsel are not
applicable to the present case.
Hence, she prayed for rejection of
the application.
5.
After hearing both the sides and perusing the record, it
appears that the incident took place around 10.00 to 10.15 p.m. At
that time, her daughter and inlaws were present in the house. The
daughter was sleeping with her. In such situation, the victim says
that the applicants came to her house and on the knife point
committed rape on her.
There is no mention in the FIR that she
raised alarm and resisted them.
Certainly, if any act would have
taken place, a normal person would raise alarm.
But, it is not the
case of the victim. So, the story put up by her does not appear to be
probable. The custodial interrogation is over. Further detention is
not required.
Considering the period of detention and pandemic
situation of Covid19 in the country, I am inclined to grant bail to the
applicants/accused. With this I proceed to pass following order. :
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ORDER
1.
Application is hereby allowed.
2.
Applicants/Accused No.1 & 2 Kondaji Budha
Deshmukh and Kisan Runja Wadge shall be
released on bail on furnishing their P.R. bond of
Rs.20,000/ each with one or more sureties in the
like amount on the following conditions. :
They shall
(a)
not act in manner injurious to the interest of the
prosecution.
(b)
maintain law and order.
(c)
furnish the address of their residence, copy of
Pan and Adhar card at the time of execution of
bond and shall not change the residence without
prior permission of this Court.
(d)
shall attend the police station as and when called
by the Investigating Officer.
3.
If the applicants commit breach of any of the above
conditions, the bail granted to them shall be liable
to be cancelled.
Sandhya
Sunil Nair
Date : 15.10.2020.
Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.16
15:00:24 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge2, Nashik.