(1.) Heard. Admit. The matter is taken up for its finality on merit with the consent of both sides.
(2.) The instant appeal calls in question the validity and propriety of the impugned order of rebuffing the relief of prearrest bail to the present appellant - Snehal Aniket Bhosale in Crime No. I-708 of 2019 registered with Shrigonda Police Station, District Ahmednagar under Sections 376, 323, 504, 506 read with 34 of Indian Penal Code (IPC) and Section 3(1)(w)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act of 1989" for the sake or brevity), rendered by the learned Additional Sessions Judge, Shrigonda, in Criminal (Bail) Miscellaneous Application No. 85 of 2019. The appellant-accused preferred the present appeal by invoking remedy under section 14-A(2) of the Act of 1989.
(3.) Genesis of the appeal culled out in brief is that the prosecutrix - first informant on 23-06-2019 approached to the police of Shrigonda Police Station and ventilated the grievances that one of the accused by name Lakhan Kumar Kakade developed immoral relation with the prosecutrix under the pretext of promise of marriage. He, time and again, ravished the prosecutrix sexually. The maternal uncle - Shri Laxman Nalage, aunt - Smt. Nalage, brother - Sudhri Nalage, etc. all helped the accused Lakhan for sexual assault on prosecutrix. There are allegation about video shooting of molestation of victim - prosecutrix. But, later on the accused Lakhan and his relatives refused to get the prosecutrix married with accused Lakhan. They all gave threats of dire consequences to prosecutrix and also beaten-up her, when she had been to Police Station for lodging the complaints. There was also attempt to administer poisonous substance to prosecutrix. According to prosecution, the accused including the present appellant-accused in furtherance of their common intention assisted the prime culprit Lakhan for committing the crime of sexual assault. It has been alleged that the prosecutrix belongs to Mahar community, which is recognized as scheduled caste category. The appellant-accused hurled castiest abuses to the victim prosecutrix.