WASIM SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.180 of 2019 registered with Nandurbar City Police Station, District Nandurbar for the offences punishable under Sections 376-A, 328, 384, 420, 120-B read with Section 34 of IPC. His application with similar prayer came to be rejected by the Additional Sessions Judge, Nandurbar, vide order dated 01.06.2020, below Exh.10, in Sessions Case No.30 of 2020.

(2.) The learned counsel for the applicant submits that the investigation is over and the charge-sheet has been submitted against the applicant. The applicant is in jail in connection with the present crime since 23.01.2020. There is no criminal history. The learned counsel for the applicant submits that the applicant and the informant are from the same community. The informant is a married woman having two children. As per the allegations made in the FIR, the informant had been to her parent's house and therefrom without informing anybody in the house, she left the house of her parents and joined the company of the applicant voluntarily. The informant had taken the cash amount of Rs.20,000/- and some golden ornaments kept in the cupboard of her father and along with her infant son Arshad left the house. Though there are allegations that the applicant took the informant to Nashik and kept her in a room of one hotel for near about three days, however, during the course of investigation, the statement of the said hotel owner was not recorded. It has been alleged in the complaint that during the period from 18.05.2019 to 21.05.2019, the applicant has performed the sexual intercourse with informant against her will for four times, however, it is difficult to believe that the informant had no opportunity to either raise hue and cry or to complain to the hotel owner. The learned counsel submits that thereafter, as alleged in the complaint, the applicant took the informant to Ahmedabad. It is not clear from the contents of the complaint as to how the informant went to Ahmedabad along with the applicant, however, during journey neither the applicant raise any hue and cry nor complain to any authority. The learned counsel submits that on reaching to Ahmedabad, the applicant kept the informant in a room of one hotel and after visiting one Dargah given some sweets to the informant. She became semi-conscious. The applicant brought to her in a room of the said hotel and again performed sexual intercourse against her will. The learned counsel submits that though the father of the informant has shown his ignorance as to the whereabouts of the informant during that period, however, as per the call record, collected by the Investigating Officer during investigation, the informant remained in touch with her father on his mobile phone. The learned counsel submits that in the given set of allegations, consensual sexual relations between the applicant and the informant cannot be ruled out. The applicant has a fixed place of residence and easily available for trial. The applicant is ready to abide the conditions, if imposed by the court. The applicant may be released on bail.

(3.) The learned APP has strongly resisted the application on the ground that the informant's husband was suffering from some financial crisis and as such the informant was constrained to leave her husband's house and started residing in the house of her parents. The learned APP submits that the applicant has taken the undue advantage of her mental state and given her the promise to remove the said obstacles of financial crisis of her husband by visiting the Dargah and doing something spiritual. The learned APP submits that the informant therefore had joined the company of the applicant and went to Nashik and therefrom Ahmedabad. However, the applicant has taken undue advantage of the same and performed sexual intercourse against her will. Prima facie, there is a strong case against the applicant. The applicant may not be released on bail.