SHAMKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned APP for the State and the complainant in person.

(2.) The applicant is seeking bail in Crime No.414 of 2022 registered with Sangamner City Police Station, District Ahmednagar for the offence punishable under Sec. 376(2)(n), 323, and 506 of Indian Penal Code and Sec. 8 and 12 of Protection of Children From Sexual Offences Act, 2012.

(3.) The dispute between the applicant and the complainant has a checkered history. In brief, the victim's case was that she and the applicant got acquainted with each other and then developed relationship. The FIR reveals that the applicant used to go to her home when her husband was alive. Two crimes on the report of the victim were registered against the applicant. First was registered on 19/12/2021 and second was registered on 17/1/2022. In both crimes, he has been granted bail. It has been alleged that after the report of 19/12/2021 the applicant was absconding and threatening her on phone. One day the applicant entered her home. He put a knife on the neck of his daughter. He committed rape with her. However, she did not lodge the report. It has been further alleged that in the month of April 2022 i.e. after registering two crimes against the applicant, he along with three other persons went to her house at Sangamner. The other co-accused said that unless the daughter is raped, she would not take the cases back. However, she intervened and bowed before them. That time, the applicant committed rape in the presence of co-accused. Thereafter, he threatened her and went away. The present report was registered after the victim made complaint to the Maharashtra State Women Commission.