DEEPAK KUNDLIK BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) This appeal has been preferred by the appellant against the order dated 2.5.2016 passed by the learned Special Judge under Protection of Children from Sexual Offences Act, 2012, Kalyan. By the said order, the anticipatory bail Application No. 473/2016 preferred by the appellant came to be rejected.

(3.) The case of the prosecution is that four boys committed rape on victim girl who was 13 & 1/2 years of age. The names of the four boys were Sameep, Nilesh Kale, Prathamesh Bhoir and Vinayak Patil. Prathamesh is the son of the brother of the appellant and Vinayak is the son of the sister of the appellant. It is the further case of the prosecution that the present appellant through one Javed Tadvi who was employed with him influenced the mother of the victim girl and entered into an agreement with the mother of the victim girl stating that Rs. 6 Lacs will be given to her if she and the victim girl state that the accused persons had not committed rape on her. Cheque of Rs. 2 Lacs was given and thereafter the remaining amount was to be given after the accused persons were released from jail. The cheque of Rs. 2 Lacs bearing No. 014117 drawn on Allahabad Bank, Kalyan Branch was drawn from the saving bank account of the present appellant. Thus, it is seen that the appellant has pressurized and tampered with the prosecution witnesses due to which the mother of the victim girl and the victim girl were compelled to give a go-bye to their version that the victim girl was raped by the four accused.