TUKARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with crime No. 94 of 2020 registered with Manwat police station, District Parbhani for the offences punishable under Sections 376 , 506 of I.P.C. His Criminal Misc. (Bail) application bearing No. 650 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Parbhani vide order dated 10.8.2020.

(2.) Learned counsel for the applicant submits that there is inordinate delay in lodging the complaint. The incident alleged to have been taken place on 23.4.2020, however, the F.I.R. came to be lodged on 21.5.2020 without any explanation for the delay occurred. Learned counsel submits that in respect of the incident allegedly occurred on 23.4.2020, the informant herself has lodged a complaint in the concerned police station and in the said complaint, the allegations have been made only to the extent that the present applicant alongwith his father and others abused her and her husband Arjun and extended beatings to them with fist and kick blows. They have also given threats to them. On the basis of said complaint, N.C. No. 86 of 2020 came to be registered. Learned counsel submits that there is no whisper about commission of rape by the applicant. Learned counsel submits that even if the F.I.R. dated 21.5.2020 is perused, it appears that the main incident had taken place some three months prior to the incident. It has been alleged that the present applicant has committed rape on the informant and further snapped her naked photographs in his mobile. The applicant on the basis of the said naked photographs in his mobile, threatened the informant to make viral the said photographs and further on the basis of the same repeatedly committed rape on her. Learned counsel submits that the informant has neither disclosed the said incident to anybody in the family and only on 23.4.2020 when her in-laws and husband had witnessed that the applicant was running away from their house, on seeing them she had disclosed the incident about commission of rape to them. Learned counsel submits that the informant has made the allegations against the applicant with some ulterior motive. Even though the investigation is over and charge sheet has been submitted, neither the mobile nor the naked photographs of the informant allegedly snapped by the applicant were recovered. The applicant is available for trial. The applicant is ready to abide the conditions if any imposed by this court. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that even though in the non cognizable case there is no reference about commission of the rape, however, the informant in her statement recorded under Section 164 of Cr.P.C. before the Magistrate has explained about the same. Learned A.P.P. submits that prima facie, there is strong case against the applicant about commission of rape. The informant is married woman and she has made serious allegations about commission of rape against the applicant. The applicant may not be released on bail.