PRITAM CHANDULAL OSWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant, who is arraigned in C.R. No.1298 of2023 registered with Hadapsar Police Station, Pune for the offences punishable under Ss. 307, 376, 376(3)(n), 376(h), 376(d), 377, 384, 385, 366, 354, 354(A), 313, 502(2), 506, 504 and 323 read with 34 of the Indian Penal Code, 1860, Sec. 4 read with 25 of the Indian Arms Act, 1959 and Sec. 135 read with 37 (1) of the Maharashtra Police Act, 1951, has preferred this application to enlarge him on bail.

(2.) The indictment against the applicant can be stated as under:

(3.) Mr. Kuldeep Nikam, the learned Advocate for the applicant submitted that the relationship between the parties commenced in the year 2019 and lasted till June 2023. The last act of sexual exploitation allegedly occurred on 24/6/2023. The FIR came to be lodged on 30 th August 2023. There is an inordinate and unexplained delay in lodging the report. Taking the Court through the allegations in the FIR, especially the alleged acts of sexual exploitation at various places, over the years, Mr.Nikam submitted that the relationship can only be said to be consensual. The first informant was treated like as a family member of the applicant and participated in the festivals and festivities at the house of the applicant. It was further urged that when the relationship turned sour, wild allegations were levelled against the applicant and his family members. Rest of the co-accused have been granted pre-arrest bail.