AKSHAYKUMAR SUKHDEV MAHTO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) This is an application for bail in respect of the offence punishable under Ss. 376D, 323, 328 read with 34 of the Indian Penal Code (hereafter ' IPC ' for short), registered vide C.R. No.1188/2022 with Santacruz Police Station. The applicant was arrested on 22/11/2022. The date of the incident is 20/11/2022.

(3.) The applicant was working along with the complainant in a jewellery shop. In the statement under Sec. 164 of the Code of Criminal Procedure, the complainant stated that she married in 2019. She knew one of the co-accused named Arvind. Arvind asked her to accompany him on 20/11/2022 for a stroll at around 9.50 p.m. The complainant indicated her willingness whereupon she alongwith co- accused Arvind and the present applicant went to Bandra. It is then stated that Arvind as well as the applicant gave her some cold-drink. The complainant suspected that there was something wrong with the cold-drink. The complainant started vomiting. She felt giddy. The co-accused Arvind and the applicant assured the complainant that they will drop her home. After accompanying them for sometime, the applicant left. Co-accused Arvind and the complainant went together. The allegation thereafter is against co-accused Arvind and the other accused about forcible sexual assault which is an offence under the aforesaid Sec. . There is no allegation of sexual assault or anything further in so far as the present applicant is concerned. The allegation is that the applicant had accompanied the co-accused Arvind and the complainant till the building. No doubt, there is an allegation that the co-accused Arvind and the applicant offered her something to drink which she suspected to be spiked with some substance. However, the serious allegations are mainly against the co-accused Arvind and others.