SOMNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to correct the name and address of the applicant in the title clause.

(2.) The applicant is seeking regular bail in connection with Crime No. 993 of 2020 registered with Shrigonda Police Station, District Ahmednagar for the offence punishable under Sections 376 , 452 , 506 of IPC. His application with similar prayer bearing Criminal (Bail) M.A. No. 481 of 2020 came to be rejected by the Additional Sessions Judge, Shrigonda vide order dated 31.08.2020.

(3.) Learned counsel for the applicant submits that the applicant is a handicapped person and his disability is to the extent of 40%. Learned counsel submits that the disablement certificate to that effect is annexed to the application. Learned counsel submits that the left hand and left leg of the applicant are not functioning in normal manner. Learned counsel submits that though there are allegations against the applicant made by the informant, who is a married woman, about commission of rape, however, the applicant is the cousin of the husband of the informant and there is a litigation pending between the brothers. Learned counsel for the applicant submits that the applicant has instituted a regular civil suit bearing R.C.S. No. 183 of 2020 for specific performance of contract against the husband of the informant and her two sons. The said suit has been instituted prior to registration of the present crime. In addition to this, the applicant has also filed a complaint at Shrigonda Police Station on 16.06.2020 against the informant and her family members, including her husband, that they are pressurising the applicant and even there is danger to his life and his family members. Learned counsel submits that on the basis of the complaint lodged by the applicant, even NC No. 762 of 2020 came to be registered at Shrigonda Police Station on 19.06.2020. The applicant has expressed his apprehension in the said NC complaint that the present informant is giving threats to him about filing a false complaint against him for outraging her modesty if he does not abandon his claim in respect of the agricultural land. Learned counsel submits that even there are other villagers who have also lodged complaint applications before various authorities against the family members of the informant about their pressure tactics and the other criminal acts. Learned counsel submits that the applicant is in jail since 21.08.2020 in connection with the present crime. There is no criminal history. The applicant is ready to abide the conditions, including the condition to stay away from the village till filing of the charge sheet. The applicant may be released on bail.