VISHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking pre-arrest bail in connection with Crime No.19 of 2020 registered with Sillod Police Station, District Aurangabad for the ofences punishable under Sections 376(D) of IPC. His application with similar prayer bearing Criminal Bail Application No.305 of 2020 came to be rejected by the Additional Sessions Judge- 3, Aurangabad by order dated 24.02.2020.

(2.) Learned counsel for the applicant submits that though name of the applicant is mentioned in the FIR with the allegations about commission of rape, however, the incident as alleged in the complaint had taken place on 14.12.2019 and belated complaint came to be lodged on 06.02.2020 without any explanation for causing inordinate delay in lodging the complaint. Learned counsel submits that the informant has refused to co-operate the Investigating Officer and also failed to give details of alleged commission of rape. On 23.12.2019, on the basis of the complaint lodged by the informant, NC came to be registered against co- accused Keshav Jadhav. There were no allegations about commission of rape even against co-accused Keshav Jadhav. Even the conduct of the informant about her non co- operation in giving details about commission of rape is recorded by the Investigating Officer in the station diary. However, thereafter the informant has made allegations about commission of rape in her statement under Section 164 of the Criminal Procedure Code recorded by the Magistrate. Learned counsel submits that the informant has changed her stand time to time and even there is no disclosure about commission of rape to her husband. Learned counsel submits that co-accused Keshav Jadhav came to be released on regular bail. The applicant may be released on anticipatory bail.

(3.) Learned APP has strongly resisted the application on the ground that there are severe allegations about commission of rape. The informant is a married woman. The applicant and co-accused have given threats to the informant and as a result thereof, the informant was constrained to lodge the complaint to the extent of non cognizable ofence against them. Learned APP submits that even thereafter, the informant has lodged the complaint in the concerned police station belatedly making severe allegations against the applicant and co-accused about commission of rape. The statement of the informant recorded under Section 164 of the Criminal Procedure Code by the Magistrate fully supports the allegations. The applicant may not be released on anticipatory bail.