NITIN MADHUKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned A.P.P. for respondent No.1 to 3/State and the learned counsel for respondent No.4/victim.

(2.) The applicant is seeking bail in C.R.No.0170 of 2022 registered with Nimbhora Police Station, District Jalgaon, for the offence punishable under Sec. 376(3) read with Sec. 34 of the Indian Penal Code and Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 3(1)(w)(ii) , 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) The learned counsel for the applicant would argue that the applicant is the member of a non-scheduled caste. The applicant is a married. He is agriculturist. Many times, the poor people from the village used to steal the crops from the field. Therefore, the applicant was angry with such people. That it may be a cause to implicate the applicant in a false crime. No incident as such happened. He would point out that the allegations of committing sexual assault is not supported with the medical examination report. In a statement before the medical officer, the victim has brought a new story of having no penetrative sexual assault but only touching her private part. There were no injuries on the person of the victim. The applicant did not commit any offence as alleged. The chargesheet has been filed. Hence, he may be granted bail.