Cri. Bail Application No. 1709 / 2020

Saurabh Digambar Mahale .. Applicant / Accused.

Vs.

The State of Maharashtra through P.I. Nashik Road P.Stn. (Cr. No. I 486/2020) .. Respondent.

Order below Exh.1

1.

This is the subsequent application filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in Crime No.I 486/2020 registered at Nashik Road Police Station for the offences punishable under section 363, 376 & 417 r.w.sec.34 of the Indian Penal Code and 4, 6 & 17 of the POCSO Act, 2012 and 3(2)(v) of the SC & ST Act.

2. According to the prosecution case, the FIR was lodged by the complainant/victim alleging therein that the incident took place in the year 2015 ­2016 when she was studying in 12th standard in Arambha College. The accused Saurabh was his classmate.They became acquainted with each other. Saurabh expressed his love for her. He also embossed her name on his hand and thus induced her to accept his love. The victim then accepted his proposal. She further alleges that Saurabh started insisting her for physical relationship. He was knowing that she belong to Mahar Caste despite gave assurance of marriage to her. He induced her to elope with him. On 19.02.2017, around 4.00 p.m., they both left their houses and went to Ahmednagar. There they stayed for two days in the house of one of his friends. During their stay, he insisted her for physical relationship. Despite refusal, he assured her that he will marry her in future once she attained the age of majority. On the basis of assurance, she allowed him to have physical relationship with her. Later, his parents came to fetch him. She was told to go back to her home but her parents refused to accept her. Left with no option, she also joined Surabh to his house. She started staying with Saurabh and his parents. During her stay with them, Saurabh had physical relationship with her. As a result, she got conceived. She was admitted in Bitco Hospital for delivery. She delivered baby girl on 12.02.2018 at the age when she was 17 years 11 months old. She then started insisting for performance of her marriage with the applicant ­ Saurabh. Applicant got annoyed and started raising quarrel with her. She was harassed mentally and physically for trifle matters. She was driven out of the house. Left with no option, she went back to her parents house. Based on her statement, the FIR/crime was registered against the applicant and co­accused.

The applicant/accused is apprehending his arrest at the hands of the police. So, he filed an application for anticipatory bail.

3.The learned counsel Mr. A.R. Sharma appearing for the applicant/ has stated that the contents of the FIR are totally false and incorrect. The victim has falsely implicated him. Her main allegation was that her marriage was not solemnized with the applicant. Learned counsel says that she has filed on record certain photographs which falsify her contention. Her marriage was performed and thereafter only, she started staying with him. Though, she was minor at the time of marriage but as her parents had refused to accept her and so he had no option but to allow the victim at his residence. She left the house and went back to her parents. As their relations became strained, she lodged false report.

Applicant has no criminal antecedents. He is ready to abide by all the terms & conditions. He will not tamper the prosecution witnesses.

Hence, he prays to allow the application.

4.The Investigating Officer has filed his Say at Exh.7 and strongly opposed the application stating that the applicant had physical relationship with the victim who was minor and he was knowing about her Caste despite induced her to elope and had physical relationship with her. Despite all this, he did not marry her. Thus he cheated her. Further, the applicant is absconding. He is not cooperating with the investigation.

If he is released on bail, he may tamper the prosecution witnesses. Hence, he prays for rejection of the application.

The learned APP Smt. Aparna Patil has submitted in line with the Say filed by the Investigating Officer.

5.The Complainant /victim has appeared and filed her Say at Exh.8 and strongly opposed the application. She has stated her grievance in line with the FIR. She lastly prayed for rejection of the application.

6.After hearing both the sides, prima facie it appears that the victim and the applicant were in love with each other. Admittedly, they had physical relationship and a baby is born to them out of the said relationship. Now the victim says that Saurabh had assured her to marry with her and so she allowed him to have physical relationship. Now if we see the photos filed by the applicant on record, it shows the marriage ceremony of the victim with Saurabh was performed in presence of applicant’s relatives and friends but the victim was minor at that time. The parents of the applicant who solemnized the marriage of the victim with the applicant were released on bail by the Hon’ble High Court, Mumbai.

So, considering the age of the applicant, allegations and on the ground of parity, I am inclined to grant anticipatory bail to the applicant/accused on the following terms & conditions. With this I proceed to pass following order. :

O R D E R
1. Application is hereby allowed.

2. In the event of arrest, applicant/ accused – Saurabh Digambar Mahale, shall be released on anticipatory bail on furnishing his P.R.bond of Rs.20,000/­ with one or more sureties in the like amount, on the following conditions.:­

He shall ­

(a) not act in manner injurious to the interest of the prosecution.

(b) maintain law and order.

(c) furnish the address of his 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) attend the concerned police station as and when called by the Investigating Officer.

3. If the applicant commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

Sandhya Digitally signed by Sandhya Sunil Nair Sunil Nair Date: 2020.12.22 16:42:33 +0530 ( Smt. S.S. Nair ) Date : 21.12.2020. Addl. Sessions Judge­4, Nashik.