SURYASEN JAYAVANTRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R.No.134 of 2022 registered with Vishrambaug police station for offences punishable under Ss. 376(2)(f), 376(2), 376(A)(B), 377, 354-A, 354-C , 324, 323, 504, 506 of the Indian Penal Code, 1860 (for short ' IPC ') and under Sec. 3(B), 4, 5(i), (1), (m)(p), 6, 8, 12 of the Protection of Children from Sexual Offences (for short 'POCSO Act'), the applicant is seeking relief of pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .').

(2.) Respondent No.2/informant lodged a report alleging that she married with one Atul Kadam on 5/9/2006. Due to matrimonial dispute, they had frequent quarrels. On 18/12/2008, they had a girl child. Thereafter they started residing separately. She filed petition for divorce in the year 2011. In 2017, she was divorced.

(3.) She got acquainted with the applicant in 2010, they had leave in relationship as husband and wife for 8 years. According to report, in 2019, they married. The applicant had received Rs.3,70,000.00 from the informant. According to report from September, 2016 to 2017 the applicant sexually assaulted girl child. She, therefore, lodged report on 29/8/2022. The applicant, therefore, filed application under Sec. 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dtd. 19/10/2022.