Bombay High Court
Abhay Gopinath Mhatre vs The State Of Maharashtra on 23 February, 2022
Bench: C.V. Bhadang
41-aba-3083-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.3083 OF 2021
Abhay Gopinath Mhatre ...Applicant
Vs.
The State of Maharashtra ... Respondent
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Mr.Pratap V. Patil for the Applicant.
Mr.R.M. Pethe, APP for the Respondent-State.
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NILAM
Digitally signed
by NILAM
SANTOSH
CORAM : C.V. BHADANG, J.
SANTOSH KAMBLE
KAMBLE Date: 2022.02.24
DATE : 23 FEBRUARY 2022
17:05:33 +0530
P.C.
. The Applicant, apprehending arrest, in connection
with the investigation of Crime No.427 of 2021 registered with
Talegaon-Dabhade Police Station, Pimpari-Chinchwad, under
Section 376 and 506 of Indian Penal Code is seeking anticipatory
bail.
2. The aforesaid crime is registered on the basis of the
complaint lodged by the victim who was aged 25 years on the
date of the incident and is a married lady. She states that she was
knowing the Applicant as he was the son of her distant maternal
aunt. According to the informant somewhere in January 2019
the Applicant went to the house of the informant at Talegaon and
had forcible sexual intercourse with her. After some days the
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41-aba-3083-2021
Applicant again visited the house of the informant in the
afternoon and threatened the informant to disclose the incident
to her husband and under such threat again he had sexual
intercourse with her.
3. A perusal of the FIR shows that thereafter also on
multiple occasions she claims that the Applicant had sexually
abused her by threatening to show the video recording of their
relations. Ultimately the FIR came to be lodged on 18 October
2021 that is after a period of 1 years and 10 months.
3. I have heard the learned counsel for the parties.
4. By an order dated 21 December 2021 interim
protection was granted to the Applicant on condition of
attendance. The Applicant has reported to the investigating
officer and has co-operated in the investigation.
5. The learned counsel for the Applicant states that the
Applicant had shown readiness to surrender the mobile phone.
However, the same was not seized by the Investigating Officer.
6. The learned counsel for the Applicant submitted that
the brother of the informant had contested the Gram Panchyat
Election against the Applicant in which the Applicant was
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41-aba-3083-2021
declared elected. He submitted that the brother of the first
informant had filed a election petition against the Applicant in
which he has lost. The copy of the said judgment dated 15
November 2019 is produced on record. It is submitted that the
complaint is an outcome of the political rivalry.
7. I have considered the submissions made. Having
regard to the overall circumstances and the fact that the
prosecutrix is shown to be a grown up married lady and there is a
delay in filing of the FIR and prima facie having regard to the fact
that there appears to be a political rivalry between the brother of
the informant and the Applicant, Criminal Application is
disposed of in terms of order dated 21 December 2021 which is
hereby made absolute.
C.V. BHADANG, J.
N.S. Kamble page 3 of 3
