DHANRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant is seeking pre-arrest bail in connection with Crime No.275/2024 registered with Police Station Hudkeshwar, Nagpur for the offence punishable under Sec. 376 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail.

(2.) Heard learned Senior Counsel for the applicant. He submitted that the FIR is lodged by the victim on an allegation that she got acquaintance with the present applicant in December, 2023 as she has received a message from mobile phone, and therefore, she made enquiry on the said mobile phone and it reveals to her that it was the applicant who has sent her message. It was disclosed to her that one person would commit a murder of her husband and he is the only person who can protect her husband. It is further alleged that on on the pretext of saving her husband, he has threatened her, took her in a lodging and boarding and committed sexual assault on her.

(3.) On the basis of said report, police have registered the crime against the present applicant. He submitted that as far as FIR is concerned which is lodged after 45 days of the incident and there is no explanation to that effect for the delay in lodging the FIR. He further submitted that during investigation, the statement of hotel Manager is recorded from which it reveals that there was no abnormal behaviour of the victim when she went in the said lodging and was present along with the accused. He submitted that from these circumstances it appears that it was a consensual relationship between both of them and subsequently, this false FIR is lodged by the victim. He submitted that as far as the custodial interrogation is concerned which is not required. The applicant has cooperated with the investigating agency. In view of that, he be protected by granting anticipatory bail.