BHANUDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with Crime No.244 of 2019 (SC 141of 2019) registered with Belwandi Police Station, Tq. Shrigonda, District Ahmednagar for the offences punishable under sections 376 (2)(n), 376 (3), 506 of IPC and under section 3 and 4 of the POCSO Act. His application below Exh.8 in Sessions Case No.141 of 2019 with similar prayer came to be rejected by the learned Additional Sessions Judge, Shrigonda vide order dated 4.2.2019.

(2.) Learned counsel for the applicant submits that there is inordinate delay in lodging the complaint, which is not explained in the FIR. Learned counsel submits that even though sonography was conducted some ffteen days prior to the complaint and pregnancy was detected in the said sonography test, however, till then, there is a delay of 15 days in lodging the complaint, which is also not explained. Learned counsel submits that sonography was conducted on 30.7.2019 and doctor found that victim was carrying fve months pregnancy. Learned counsel submits that as per the allegations made by the victim in her statement recorded under section 164 of the Cr.P.C., it appears that she was subjected to forcible intercourse under threats by the applicant in the month of February. Learned counsel submits that period of pregnancy as detected on 30.7.2019 and the allegations about commission of forcible intercourse under threats does not match. Learned counsel submits that further DNA report has come in the negative and the present applicant is excluded to be biological father of baby and co-accused Namdev Adagale is concluded to be biological father of the baby. Learned counsel submits that there is no criminal history. The applicant is having a fxed place of residence. The applicant is ready to abide the conditions, if imposed by this Honourable Court. The applicant may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that statements of the mother of the victim so also the victim are consistent. Victim has consistently made allegations against the applicant for having committed sexual intercourse against her will under threats. Learned APP submits that there are allegations that co-accused Namdev has also performed forcible sexual intercourse with the victim during that period. Learned APP submits that, prima facie, there is strong case against the applicant. The victim is 14 years of age on the date of incident. The applicant may not be released on bail.