Bombay High Court
Maroti @ Manish Indrapalji Hole @ Manish ... vs State Of Mah. Thr. Pso Nandanwan Nagpur ... on 3 April, 2024
1 apeal801.23.J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.801 OF 2023 Maroti s/o Indrapalji Hole @ Manish Selure Age: 39 yrs, Occ :- Business, R/o. Near Datta Mandir, Aroli, Tah. Mouda, Dist:- Nagpur. ....... APPELLANT APPLICANT ...V E R S U S...1. State of Maharashtra through P.S.O. Nandanwan, Nagpur.2. Victim XYZ in Crime No.230/2023 through P.S.O. Nandanwan, Nagpur. ....... RESPONDENT NON-APPLICANT-------------------------------------------------------------------------------------------- Mr. A. G. Hunge, Advocate for Appellant. Mr. M. J. Khan, APP for Respondent No.1/State. Mr. Sachin Katarpawar, Advocate for Respondent No.2.-------------------------------------------------------------------------------------------- CORAM: URMILA JOSHI PHALKE, J. DATE: 3rd APRIL, 2024.ORAL JUDGMENT:
Heard.
2. Admit.
3. By preferring this appeal the appellant has challenged
the order passed by the Additional Sessions Judge-10 and Special 2 apeal801.23.J.odt
Judge under Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, Nagpur by which the Special Court has rejected the
bail application of the present appellant in Criminal Bail
Application No.1813/2023.
4. As per the accusation the victim who is residing with
her maternal uncle and mother as she was destitute by her
husband prior to ten years and while she went to Aroli to attend
the marriage of son of uncle, he got acquaintance with the present
applicant. It is further alleged that present applicant contacted her
and called her at Kanhan and took her in one lodge and subjected
her for sexual assault on the promise of marriage. Thereafter on
several occasion the act of sexual was repeated by the present
applicant due to which she was pregnant and delivered a child.
On the basis of said report police have registered the crime against
the present appellant.
5. After registration of the crime the present appellant
approached to the Special Court for grant of bail by filing an
application bearing Criminal Bail Application No.1813/2023.
The Special Court considered the entire investigation papers and
observed that the statement of the victim and another evidence 3 apeal801.23.J.odt
collected during the investigation makes out a prima facie case
against the present appellant and rejected the bail application.
6. Being aggrieved and dissatisfied with the same
present appeal is preferred by the appellant for grant of bail on the
ground that the learned trial court has not considered that the
victim is grown up lady and the relationship between the present
applicant and the victim was consensual. Now investigation is
already completed charge-sheet is already filed the further
incarceration of the present applicant is not required. In view of
that, the appellant requires to be released on bail.
7. The learned APP strongly opposed the said application
on the ground that victim is not only subjected for sexual assault
on the promise of marriage but the applicant has also threatened
her that he would defame her. Moreover, the applicant has
suppressed the fact that he is a married person and on the promise
of marriage subjected her for sexual assault. If he is released on
bail he would tamper with the prosecution evidence. The learned
counsel for the victim reiterated the said contention and pressed
for rejection of the appeal.
4 apeal801.23.J.odt
8. After hearing the learned counsel for the appellant
and the learned APP for the State, perused the investigation papers
the crime is registered on the basis of report lodged by the victim
who is 30 years old. As per her statement, she got acquaintance
with the present applicant in one marriage of her relative,
thereafter there was a communication between them. The present
applicant had called her at Kanhan and booked lodge and there
was physical relationship between them. It is alleged that the
appellant has promised for marriage. Admittedly, whether there
was false promise of marriage or it is the breach of promise is a
matter of evidence. At this stage, the investigation is completed,
charge-sheet is already filed. The DNA report is yet to be received.
Considering the fact that there was love affair between the victim
and the present appellant and out of that the physical relationship
was there, victim is a grown up lady who had consented from
sexual assault whether that consent was under the special or is
matter on evidence. At this stage, further incarceration of the
present appellant is not required. However, considering the
apprehension raised by the learned counsel of the respondent
which can be taken care of by imposing certain conditions on the
appellant. The learned trial court has not considered the fact that
there was a love affair and out of love affair the sexual relationship 5 apeal801.23.J.odt
was there. Considering the same the order passed by the learned
Special Court requires to be set aside. The order passed by the
learned Special Court is quashed and set aside. In view of that, I
proceed to pass following order:
i) The appeal is allowed. ii) The appellant - Maroti s/o Indrapalji Hole @
Manish Selure shall be released on bail in
connection with Crime No.230/2023 registered
for the offence punishable under Sections
376(2)(n), 417 and 506 of the Indian Penal
Code read with Section 3(2)(v)(a), 3(2)(v),
3(i)(w)(i)(ii) of the Prevention of Scheduled
Castes and Scheduled Tribes (Prevention of
Atrocities) Act, on executing P.R. bond in the
sum of Rs.25,000/- with one surety of like
amount.
iii) The appellant shall not in manner contact the
victim and shall not induce, threat or promise
any witnesses who are acquainted with the
facts of the present case.
6 apeal801.23.J.odt
iv) The appellant shall not enter into the vicinity
i.e. Nandanwan slum area till culmination of
the trial.
v) The appellant shall attend the dates of
proceedings before the trial Court without
seeking any exemption unless there are
exceptional circ*mstances.
9. The appeal is disposed of.
JUDGE
NSN
Signed by: Mr. N.S. NikhareDesignation: PA To Honourable JudgeDate: 05/04/2024 10:34:10
