DHIRAJ SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 131 of 2019 registered with the Juhu Police Station, Mumbai, for the alleged offences punishable under Sections 376 and 420 of the Indian Penal Code.

(3.) Perused the papers. According to the complainant, aged 30 years, she met the applicant aged 29 years when he was employed in a medical shop in her neighbourhood. She has alleged that she got acquainted with him and that she used to visit the said shop for 1 1/2 years whenever she needed to purchase medicine. The prosecutrix has alleged that over a period of time, they became friendly and they used to go out frequently. She has alleged that the applicant had demanded physical relations with her, however, she refused, and that on 1 st November 2018, the applicant forced himself on her against her wishes. She has further stated that on 2nd November 2018, the applicant took her to a temple at Oshiwara and married her and again had physical relations with her. According to the prosecutrix, on 23 rd November 2018, she learnt that the applicant was married about four years prior. According to her, when she questioned the applicant, he started giving evasive replies. According to her, when one of her friend-Niraj Mishra a resident of Oshiwara, questioned the applicant about marriage with the complainant, the applicant denied the same. She has stated that because of the stress, sometime in April 2019, she consumed sleeping tablets and tried to commit suicide. In April 2019, she lodged the aforesaid complaint alleging the aforesaid offences as against the applicant.