Bombay High Court
Ankit Sumadh Vir @ Shahabaj Khan vs The State Of Maharashtra Thr. Pso Ps ... on 8 October, 2024
2024:BHC-NAG:11353
59.apeal.328.2024.Judgment.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.328 OF 2024
Ankit s/o Sumadh Vir @ Shahabaj Khan,
Aged 19 Years, Occupation : Student,
R/o. Hatgaon, Near Buddha Vihar,
Tahsil Darwha, District : Yavatmal,
(Presently at District Prison, Washim) ..... APPELLANT
// VERSUS //
1. The State of Maharashtra,
Through Police Station Officer,
Police Station, Mangrulpir,
District Washim.
2. XYZ in C.R. No.57/2024,
Registered at Police Station,
Mangrulpir, District Washim. .... RESPONDENTS
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Mr. R. M. Daga, Counsel for the appellant.
Mr. K. R. Lule, APP for respondent No.1/State.
Ms. Seema P. Dhotre, appointed Counsel for respondent
No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATED : 08.10.2024
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. By preferring this appeal, the appellant has challenged the
order passed by the learned Additional Sessions Judge and Special
Judge, Mangrulpir, by which the application for grant of bail, in
59.apeal.328.2024.Judgment.odt
connection with Crime No.57/2024 registered with Police Station,
Mangrulpir, District Washim for the offences punishable under
Sections 363, 376-D, 366, 341, 323 and 506 of the Indian Penal
Code and under Sections 5 and 6 of the Protection of Children from
Sexual Offences Act, 2012 and under Sections 3(1)(w)(i), 3(1)(W)
(ii), (3)(2)(v) and 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act.
4. The crime is registered on the basis of the report lodged by
the mother of the victim girl on an allegation that her daughter
aged about 17 years was subjected for sexual assault by two boys
and regarding the same, the criminal case is pending. On
27.01.2024 her daughter attended the College to appear for the
examination and not return back. Thereafter, they searched for her,
but they could not trace her, therefore the report was lodged
against the unknown person.
5. During the investigation, the statement of the victim was
recorded by the Investigating Officer from which it reveals that she
was having love affair with the present appellant and therefore, she
left the house and joined the company of the present appellant. On
31.01.2024, when she had been to the Karanja Bus stand at that
time, 3 to 4 boys came in an auto rickshaw took her along with
them and subjected her for forceful sexual assault. On the basis of
59.apeal.328.2024.Judgment.odt
the said statement, the crime was registered against the present
appellant as well as the against unknown person.
6. Learned Counsel Mr. Daga for the appellant submitted that as
far as the physical relationship between the present appellant is
concerned, it is out of a love affair. He submitted that admittedly,
the consent of the victim girl is not relevant, but from her statement
it shows that she herself joined the company of the present
appellant and there was a physical relationship between them, out
of the love affair. Thus, as far as the subsequent event is
concerned, wherein the involvement of the present appellant is not
revealed. Now the investigation is completed and charge-sheet
filed, his further incarceration is not required and therefore, he be
released on bail.
7. Learned APP and learned appointed Counsel for the
respondent No.2 - victim strongly opposed the prayer on the ground
that during the course of the investigation, a detailed statement of
the victim was recorded, wherein she has alleged that she was
taken by the present appellant and subsequently, she was
kidnapped by an unknown person and subjected her for sexual
assault.
8. After hearing the learned Counsel for the appellant and
learned APP for the State and learned appointed Counsel for the
respondent No.2 - victim, perused the investigation papers from
59.apeal.328.2024.Judgment.odt
which it reveals that the statement of the victim was recorded on
01.02.2024 as well as on 28.02.2024 and under Section 164 of the
Code of Criminal Procedure from which it reveals that there was a
love affair between her and the present appellant, out of the said
love affair, she joined the company of the appellant and went along
with him. As per the allegation, she was subjected for sexual
assault initially by the present appellant and thereafter, she came at
Karanja, Mangrulpir and she was standing in the bus stand at that
time, some boys came there, abducted her and subjected her for
sexual assault. As far as her statement is concerned, it shows that
she went along with the present appellant out of the love affair and
there was a physical relationship between them, due to the said
love affair. As far as the subsequent event of the sexual assault by
3 to 4 persons is concerned, the appellant is not consulted with
that. Now the investigation is already completed, charge-sheet is
filed. As far as the further incarceration of the present appellant is
concerned, which is not required. In view of that, the application
deserves to be allowed. Learned trial Court has not considered this
aspect and wrongly rejected the application. Considering all these
aspects, the appeal deserves to be allowed. In view of that I
proceed to pass following order:
ORDER
(i) The appeal is allowed.
59.apeal.328.2024.Judgment.odt
(ii) The order passed by the learned Special Judge
below Exh.29 in Special Atrocity Case No.25/2024 is
hereby quashed and set aside.
(iii) The appellant Ankit s/o Sumadh Vir @ Shahabaj
Khan shall be released on bail on executing PR bond in
the sum of Rs.25,000/- with one solvent surety in the like
amount, in connection with Crime No.57/2024 registered
with Police Station, Mangrulpir, District Washim for the
offences punishable under Sections 363, 376-D, 366, 341,
323 and 506 of the Indian Penal Code and under Sections
5 and 6 of the Protection of Children from Sexual Offences
Act, 2012 and under Sections 3(1)(w)(i), 3(1)(W)(ii), (3)
(2)(v) and 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act.
(iv) The appellant shall not enter into the vicinity of
Manglurpir District Washim, till the culmination of the trial.
Except attending the proceeding before the learned
Special Court.
(v) The appellant shall not induce, threat or promise the
witnesses including victim physically or by way of
electronic media.
(vi) The appellant shall attend the proceeding before the
Special Court without seeking exemption unless there are
exceptional circumstances.
9. The fees of the appointed Counsel be quantified as per rules.
(URMIL A JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 11/10/2024 16:56:57
