GANESH NAMDEV VALSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant in criminal application no.2328 of 2020. For the reasons stated in the criminal application, criminal application is allowed in terms of prayer clause 'B' and disposed off accordingly.

(2.) The applicant is seeking regular bail in connection with Crime No.170 of 2020 registered with Gramin Police Station, Latur, District Latur for the offences punishable under sections 376 (2)(n), 313, 506, 34 of the Indian Penal Code . His application with similar prayer bearing Criminal M.A. No (Bail) No.471 of 2020 came to be rejected by the learned Additional Sessions Judge-5, vide order dated 2.12.2020.

(3.) Learned counsel for the applicant submits that investigation is over and charge-sheet has been submitted. The applicant is in jail in connection with the present crime since 24.9.2020. The informant is a highly qualifed major girl. She is an engineer. There is inordinate delay in lodging the complaint. The informant has alleged about the frst incident of sexual intercourse against her will in June 2019 and, thereafter, series of such instances at various places and times. The informant has alleged that the applicant has given her promise of job in a private company and under that promise performed sexual intercourse with her. It has also alleged in the complaint that the applicant snapped photographs of the informant in half naked condition and by giving threats to her on the basis of those photographs, performed sexual intercourse with her. The informant has even made allegations about the pregnancy and causing mis-carriage by the applicant without her consent. It appears from the allegations made in the complaint that the informant has travelled with the applicant at Basvakalyan, State of Karnataka, for causing miscarriage and, alleged that the present applicant and co-accused took her forcibly in a car to said village Basvakalyan, State of Karnataka. Though the informant has given a specifc period and also mentioned name of the hospital of the said Basvakalyan, State of Karnataka, where she was subjected to mis-carriage, however, during investigation, the investigating offcer has visited said hospital, wherein no record is available to indicate that the informant was admitted there in the said hospital for causing mis-carriage. Informant has also alleged that the applicant has also given her promise of marriage and performed sexual intercourse with her time to time. It has also alleged that the applicant has also given threats to her and performed sexual intercourse with her. The learned counsel submits that the informant has exaggerated the things by making wild allegations about performance of sexual intercourse by the applicant against her will. It appears from the allegations made in the complaint, so also on the basis of the investigation that there was consensual sexual relations. The applicant and the informant both are well qualifed. The informant was knowing well about the consequences of her consensual sexual relations, if any. There is no criminal history of the applicant. The applicant is ready to abide the conditions, if imposed by this Court while releasing him on bail. The applicant may be released on bail.