Manoj vs State Of Maharashtra And Others

Amit B. Borkar, J

Heard.

Admit.

This is appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) rejecting Regular Bail Application of the appellant filed under Section 439 of the Code of Criminal Procedure in connection with Crime No. 243/2020 registered against the appellant with the respondent no. 1-Police Station for the offence punishable under Section 376 of the Indian Penal Code and Sections 3(1)(w)(i) (ii), 3(2)(v) of the Act of 1989.

The First Information Report (FIR) came to be registered against the appellant with the accusations that on 19.06.2020 at 10.00 a.m., the appellant called the respondent no. 2-Informant under the pretext of issuing death certificate of the son of the respondent no. 2, that the respondent no. 2 alongwith her son reached Tahsil Office Warud, that the appellant persuaded the respondent no. 2 and her son to sit on his motor-cycle and had taken them to his uncle’s room. It is further alleged that the appellant had sent the son of the respondent no. 2 out of the room on the false pretext and committed forcible sexual intercourse with the respondent no. 2.

Learned Sessions Judge, by order dated 22.07.2020 rejected first bail application of the appellant. It is stated by the Advocate for appellant that the order dated 22.07.2020 was not challenged by the appellant. The appellant thereafter filed second Regular Bail Application under Section 439 of the Code of Criminal Procedure, which has been rejected by the impugned order by the learned Sessions Judge.

This Court on 06.11.2020 issued notice to the respondents. On 09.01.2021, this Court recorded that though the respondent no. 2 is served, none appears for the respondent no.2. Though, the respondent no. 2 is served, she has not appeared before this Court either personally or through an Advocate.

Having carefully scrutinized the contents of the FIR and the material produced by the prosecution in the form of charge-sheet and on carefully considering all the material, it appears that the respondent no. 2 is aged about 50 years and the appellant is aged about 40 years. The investigation is complete and charge-sheet is filed. The appellant is arrested on 28.06.2020. Learned Advocate for the appellant has stated that there are no criminal antecedents to the discredit of the appellant. The prosecution has not pointed out that further custody of the appellant is necessary.

We, therefore, pass the following order :-

(i) The impugned judgment and order dated 06.10.2020 passed by the learned Special Judge and Additional Sessions Judge-4, Amravati in Criminal Bail Application No. 1199/2020 is quashed and set aside.

(ii) The appellant having been arrested in connection with Crime No. 243/2020 registered with the respondent no. 1-Police Station for the offence punishable under Section 376 of the Indian Penal Code and Sections 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 be released on furnishing P.R. bond to the sum of ₹ 20,000/- (Rs. Twenty 20,000/- (Rs. Twenty Thousand) and one solvent surety in the like amount.

(iii) The appellant shall attend the proceeding before the Sessions Judge on each and every date unless granted exemption by the learned Sessions Judge.

(iv) The appellant shall not directly or indirectly influence the witnesses or tamper the evidence likely to be produced in the trial.

(v) The appeal is allowed in the above terms.