BHAGWAT DNYANOBA MULGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this criminal appeal, the appellant prays for quashing and setting aside the order dtd. 04/12/2025 passed below Exhibit 01 in Criminal Bail Petition No.2439/2025 by the learned Special Judge (SC and ST Act), Aurangabad, whereby his application for grant of regular bail in connection with C.R. No.304/2020 registered with Kranti Chowk Police Station, Dist. Chhatrapati Sambhajinagar for offences punishable under Ss. 69, 115(2), 352, 351(2), 3(5), 89 of the Bharatiya Nyaya Sanhita and under Sec. 3(1)(s), 3(1)(w)(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was rejected. He also prays for releasing him on regular bail in the said crime.

(2.) The Crime No.304/2025 came to be registered on the basis of report lodged by respondent No.3/victim. As per the said report, the appellant and respondent No.3/victim got acquainted with each other since 24/02/2024 as both were pursuing preparation for qualifying for competitive examination. The age of the victim is 25 years whereas the appellant is 29 years old. In view of their friendship, they developed physical relationship between them. This was continued till July 2024. The allegations of respondent No.2 that due to said physical relationship, she became pregnant and she was not willing to abort the pregnancy, however, appellant alleged to have administered her abortion pill and has terminated said pregnancy. After consuming said pills, she seems to have developed medical issues, and therefore, she required to be admitted in the hospital. Thereafter, she had undergone certain surgery and thereafter, alleged to had contacted the parents of the appellant for the purpose of performing marriage with the appellant, however, since parents of appellant refused to perform her marriage with the appellant and also alleged to have abused on the basis of her caste, therefore, she lodged the instant FIR.

(3.) Heard Mr Salunke, learned Advocate for appellant, learned APP Ms Bhosale for respondent Nos.1 and 2/State and Mr Wakure, learned Advocate for respondent No.3.