ABC Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the outset it is required to be noted that since the allegations against the Appellant are in respect of the alleged sexual assault and Respondent no. 2 is the victim, their identities need to be concealed, and they are referred to as "ABC" and "XYZ". The Registry is directed to maintain the record accordingly.

(2.) The Appellant herein claims that friendship between him and Respondent No.2 (original informant), which developed into attraction and relationship, but which could not transform into marriage, has resulted in registration of FIR at the behest of Respondent No. 2 against him. By the present Appeal the Appellant has challenged order dated 19/12/2020 passed by Court of Additional Sessions Judge, Kalyan, whereby an application for grant of pre-arrest bail fled by Appellant under Sec. 438 of Code of Criminal Procedure, 1973 (Exhibit 1) stood rejected. It is brought to the notice of this court that an application fled for grant of pre-arrest bail by the co- accused persons i.e. family members of the Appellant, was allowed by a separate order by the very same court on 19/12/2020 itself. According to the Appellant, the said Court failed to appreciate the contentions raised on behalf of the Appellant, thereby rendering the impugned order erroneous and liable to be set aside.

(3.) The Respondent No. 2 approached Shivaji Nagar Police Station, district: Thane on 02/12/2020, with a grievance against the Appellant and his family members. On the basis of allegations made by Respondent no. 2, FIR dated 02/12/2020, stood registered against the said accused persons for offences punishable under Ss. 376, 420 and 506 r/w 34 of the Indian Penal Code and Ss. 3(1)(w)(i), 3 (1)(w)(ii), 3(2)(va), 3(2)(V), 3(2)(VII) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Atrocities Act').