RUSHIKESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No. 232 of 2020 registered with Khultabad Police Station, District Aurangabad for the offence punishable under Sections 376 (2)(n) and 506 of IPC . His application with similar prayer bearing Bail Application No. 1146 of 2020 came to be rejected by the Additional Sessions Judge, Aurangabad vide order dated 20.08.2020.

(2.) Learned counsel for the applicant submits that investigation is over and charge sheet has been submitted. There is an inordinate delay in lodging the complaint which is not explained. Learned counsel submits that the applicant is an educated lady. There was a love affair between the applicant and the informant and as such, there were consensual sexual relations between them. Learned counsel submits that though there are allegations about false promise of marriage, the said promise of marriage, right from the inception, was not false. Learned counsel submits that due to some other circumstances, marriage proposal could not be materialized and in consequence thereof, two/three days prior to 08.07.2020, the applicant has performed marriage with another girl. Learned counsel submits that thereafter the informant has lodged the present complaint. Learned counsel submits that the applicant is available for trial. There is no criminal history. The applicant is ready to abide any conditions, if imposed by this Court. The applicant may be released on bail. Learned counsel for the applicant places his reliance in the case of Pramod Suryabhan Pawar v. State of Maharashtra and another , reported in 2019 All MR (Cri) 3949 (S.C.) [(2019) 9 SCC 608]

(3.) Learned APP has strongly resisted the application on the ground that the applicant has not only given false promise of marriage, but also, keeping sexual relations with the informant, performed marriage with another girl. Thus, there was false promise of marriage on the part of the applicant and as such, consent given by the informant for sexual relation is passive consent under the false promise of marriage. Learned APP submits that the applicant may not be released on bail.