Bombay High Court
Balu @ Mahadeo Sudhakar Phapal vs The State Of Maharashtra And ... on 9 November, 2023
Bench: S. G. Mehare
2023:BHC-AUG:24675
1 906-BA-1670-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO.1670 OF 2023
Balu @ Mahadeo s/o. Sudhakar Phapal
Age 36 years, Occu. Agri.,
R/o. Belura, Tq. Majalgaon, Dist. Beed .. Applicant
Versus
1. The State of Maharashtra
Through Police Inspector Dindrud,
Tq. Majalgaon, District Beed
2. X.Y.Z. Through her gurdian .. Respondents
Mr. Vasant D. Salunke, Advocate for Applicant;
Mr. S. P. Tiwari, APP for Respondent No.1/State;
Mr. Rahul D. Khadap, APP for Respondent No.2
CORAM : S. G. MEHARE, J.
DATE : 09-11-2023
PER COURT :-
1. Heard the learned counsel for the applicant, the learned
A.P.P. for respondent No.1/State and the learned counsel for
respondent No.2.
2. This is a successive bail application of the applicant after
rejection of the bail by this Court.
::: Uploaded on - 10/11/2023 ::: Downloaded on - 10/11/2023 17:32:03 :::
2 906-BA-1670-23.odt
3. The applicant is seeking bail in C.R.No.230 of 2022,
registered with Police Station Dindrud, District Beed, for the
offences punishable under Sections 376D, 366A, 506 read with
Section 34 of the Indian Penal Code and Sections 4, 6 and 10 of
the Protection of Children from Sexual Offencs (POCSO) Act, 2012
and Sections 3(2)(v), 3(1)(w)(i), 3(1)(w)(ii) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The learned counsel for the applicant submits that after
rejection of his earlier bail application, the applicant has recently
learnt that it is practice of the family of the complainant to trap
the rich person, lodge the similar type of report.
5. He produced the first information report of the real sister of
the complainant registered with Police Station Kaij in 2013. He
also produced the copies of the evidence recorded in the Sessions
Court of her mother and the victim. Both of them have stated
nothing was happened and were declared hostile. He would
submit that the family of the complainant extracts a huge amount
in Lakhs by implicating the rich person in trapped cases. As per
his information, in that case, around 20 Lakhs were extracted
from the accused who was from a reputed family. He has also
produced the copy of the judgment of that case.
::: Uploaded on - 10/11/2023 ::: Downloaded on - 10/11/2023 17:32:03 :::
3 906-BA-1670-23.odt
6. He also submits that the false implication of the applicant
can be assessed from the report filed under Section 169 of the
Code of Criminal Procedure against his wife. The applicant also
reiterated that it is the practice of the family to trap one rich
person lodge, the report and leave that place and start residing at
another place. Immediately after the report was lodged, the
family shifted to Parbhani. He submits that these are the changes
in the circumstances and additional information with the
applicant.
7. The learned counsel for the victim and the learned A.P.P.
would submit that the applicant was the main culprit. He lifted
the victim, took her in the sugarcane crop, called the co-accused
and they committed rape. Her statement is consistent under
Section 164 of the Cr.P.C. The medical evidence also supports her
contention. It is a case of gang rape. The victim is a minor.
There is every possibility of tampering with the prosecution
witnesses. There are no change in circumstances. Hence,
considering the gravity of the offence and the role attributed to
the applicant, the application deserves to be dismissed.
8. Before adverting to the arguments of the respective
counsels, the Court observe that the facts noticed about the
::: Uploaded on - 10/11/2023 ::: Downloaded on - 10/11/2023 17:32:03 :::
4 906-BA-1670-23.odt
practice followed by the family of the complainant trapping the
rich person and extracted huge money is the change in
circumstances and additional material. Hence, this application is
considered though earlier bail application was dismissed.
9. Considering the papers placed on record, the possibility of
trapping the rich people by the family of the complainant cannot
be ruled out. The similar incidents repeatedly happening in the
family raises a suspicion on the conduct of victim's family. There
appears substance in the arguments of the learned counsel for
the applicant, that the Government pays a good compensation in
the cases of offences under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and it has been
exploited. The statements of the victim's mother and the victim
in the earlier case of 2013 corroborate the submission of the
learned counsel for the applicant. The statement of the applicant
that now the complainant and her family demanding him lacks of
rupees can also not be ruled out. Another circumstance favouring
the applicant is that his wife has been discharged under Section
169 of the Cr.P.C. against whom serious allegations were made
that she took the pictures of the incident. Normally, the accused
has very less to say in criminal cases. Fortunately, the applicant
has the evidence to believe him that the possibility of false
implication is there. Considering the new material produced
::: Uploaded on - 10/11/2023 ::: Downloaded on - 10/11/2023 17:32:03 :::
5 906-BA-1670-23.odt
before the Court, about the modus operandi of the family of the
victim, the applicant deserves bail. Hence, the order :-
ORDER
i) Bail application is allowed.
ii) Applicant Balu @ Mahadeo s/o. Sudhakar Phapal be released
on bail, on furnishing PB and SB of Rs.50,000/-, with one
solvent surety of the like amount, in the above crime for the
aforesaid offences, on the conditions that,
(a) He shall not tamper with the prosecution witnesses.
(b) He shall not contact the victim or her family member in
any mode or manner till the conclusion of the trial.
(c) He shall attend the trial on each and every effective
date.
( S. G. MEHARE )
JUDGE
rrd
