CHANDRABHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in both these bail applications are seeking regular bail in connection with Crime No.46 of 2020 registered with Sengaon Police Station, District Hingoli for the offence punishable under sections 376 (2) (h), 376(d), 306, 452, 506 read with 34 of Indian Penal Code and section 66 (E) of I.T. Act. Their applications with similar prayer bearing bail application nos.115 of 2020 and 117 of 2020 came to be rejected by the learned Additional Sessions Judge, Hingoli by order dated 2.6.2020.

(2.) Learned counsel for the applicants in both these applications submit that registration of the present crime is stated to be the outcome of the earlier case bearing RCC No.23 of 2016. Learned counsel submits that on the basis of the complaint lodged by the deceased Saraswati, Crime No.23 of 2016 came to be registered in the concerned police station and charge sheet has been submitted under section 354 (A) (1), 506 (II), 509 read with 34 of the Indian Penal Code against the applicants. It is submitted that on 30.1.2020 Court has recorded the evidence of deceased Saraswati in connection with the said RCC No.23 of 2016. Even in the conmplaint and even on oath before the Court deceased Saraswati had made allegations about outraging her modesty in the month of January 2016 by the applicants. However, there are no allegations about commission of rape. Learned counsel submits that, however, in the complaint on the basis of which present crime is registered, surprisingly allegations have been made against the applicants about commission of rape on deceased Saraswati and in consequence thereof deceased Saraswati seems felt defamed in the village and committed suicide by leaving a suicidal note. It is submitted that there is no proximity in the incident which occurred way back in the year 2016 and the suicide by deceased Saraswati on 13.2.2020. Learned counsel submits that there are witnesses before whom the deceased Saraswati before her suicidal death had mentioned that the applicants used to laugh at her after her court evidence and she got defamed in the village. However, there is no reference about commission of rape by the applicants nor there is reference before those witnesses about any video recording by the applicants at the time of alleged commission of rape in the month of January 2016. Learned counsel submits that said suicidal cheat was not found with the body, but it was found in the register of the son of the deceased. It is also submitted that handwriting on the suicidal cheat has been sent to the hand writing expert and report of the handwriting expert is awaited. Learned counsel submits that the applicant Parmeshwar in bail application No.553 of 2020 came to be arrested on 15.2.2020 and other two applicants in bail application no.538 of 2020 came to be arrested on 13.2.2020 in connection with the present crime. At present investigation is over and charge-sheet has been submitted. The applicants are ready to abide any condition if imposed by this Court including the condition not to enter in the village Sakhara, Tq. Sengaon, District Hingoli, till the conclusion of the Trial.

(3.) Learned A.P.P. has strongly resisted the application on the ground that deceased Saraswati was a married woman having three children. In the year 2016 she was repeatedly subjected to outraging of her modesty by the applicants. On the basis of the complaint lodged by deceased Saraswati, Crime No.23 of 2016 came to be registered in the concerned police station and prosecution has examined victim deceased Saraswati in the Court in the said RCC No.23 of 2016 on 30.1.2020 and it is the case of the prosecution so far as present crime is concerned that the applicants used to laugh at her because of her statement recorded by the Court. Learned APP submits that deceased Saraswati had committed suicide on 13.2.2020 i.e. after recording of her evidence on 30.1.2020 and, as such there is no inordinate gap in between said recording of the evidence and actual commission of suicide by deceased Saraswati. Learned A.P.P. submits that deceased Saraswati had committed suicide and there is strong prima facie case indicating that the present applicants abetted her commission of suicide. The applicants may not be released on bail.