SAGAR RATAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the outset it is required to be noted that since the allegations leveled by the 2nd respondent against the appellant are in respect of the alleged sexual assault, the identity of the appellant and 2nd respondent needs to be concealed, therefore, the appellant is referred to as "ABC " and 2nd respondent is referred to as "XYZ ". The Registry is directed to maintain the record accordingly.

(2.) Being aggrieved by an order dated 20.09.2019 passed by the learned District Judge-1 and Additional Sessions Judge, Kalyan in Bail Application below Exhibit-3 in Sessions Case No. 206 of 2019, the present appeal is filed. By the impugned order, the prayer of the appellant to release the appellant on bail has been turned down.

(3.) On 25.03.2019, the 2nd respondent lodged C.R. No. 64/2019 against the appellant for the offences punishable under Sections 376, 385 of Indian Penal Code (for short "IPC ") and Section 3(2)(V), 3(1)(W)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "said Act ") and Section 67(A) of the Information of Technology Act, 2000. Pursuant to registration of said FIR on 29.03.2019, the appellant was arrested. After investigation, on 24.05.2019 the police filed chargesheet against the appellant. After filing of the chargesheet, on 17.06.2019, the appellant preferred bail application, however by the impugned order the said application was rejected.