Bombay High Court
Akashay S/O Prakash Khande vs State Of Maha Thr Pso, Ps Chandur Railway on 11 February, 2025
Author: G. A. Sanap
Bench: G. A. Sanap
2025:BHC-NAG:1341
46 cr.a. no.04.25.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 04 OF 2025
Shri Akshay s/o Prakash Khande
Aged 25 yrs, Occ: Education and Driver
R/o. Chandur Railway
Tq. Chandur Railway,
District Amravati
.... APPELLANT
// V E R S U S //
1. The State of Maharashtra,
Through Police Station Officer,
Police Station, Chandur Railway,
District Amravati
2. XYZ Victim in Crime No.371/2024,
Registered by the PSO, PS Chandur
Railway, Tq. Chandur Railway,
District Amravati .. RESPONDENTS
-----------------------------------------------------------------------------------------------
Mr. S.S. Shingane, Advocate for the appellant
Mr. A.M. Ghogare, APP for respondent No.1/State.
Mr. Bhavin Suchak, Advocate for respondent No.2.
-----------------------------------------------------------------------------------------------
CORAM : G. A. SANAP, J.
DATE : 11.02.2025
ORAL JUDGMENT :
1 Heard.
2 ADMIT.
46 cr.a. no.04.25.odt..odt
3 Taken up for final disposal with the consent of
learned Advocates for the parties.
4 This is an appeal for regular bail filed by the
appellant, who is accused No.3 in Crime No.371/2024
registered at Police Station, Chandur Railway, District
Amravati for commission of the offences punishable under
Sections 363, 365, 366, 376, 376(D), 377, 307 read with
Section 34 of the Indian Penal Code and under Sections 4, 6,
10 and 17 of the POCSO Act read with Section 3(1)(w)(i),
3(1)(w)(ii), 3(2)(v), 3(2)(va) of the SC/ST Prevention of
Atrocities Act, 1989.
5. Learned Advocate for the appellant would submit
that no specific role has been attributed to the accused in the
commission of offence of rape. In order to buttress the
submission, he took me through the contents of the report and
the statement of the victim girl. Perusal of the statement would
46 cr.a. no.04.25.odt..odt
show that the victim girl has nowhere stated that the appellant
committed rape on her. It is submitted that only allegation
made in the report is that he was present at some distance from
the spot with main accused Rajesh and Shivaji. It is submitted
that main allegation of rape on the victim is against accused
Shivaji and Rajesh. It is submitted that charge-sheet has been
filed. The appellant has been remanded to judicial custody. It is
submitted that trial may take some time for conclusion and
therefore, during this period, in the teeth of the allegations
against the appellant, his further incarceration is not necessary.
It is submitted that in the supplementary statement made by
the father of the victim girl he has stated that three to four
persons of the village on behalf of Akshay threatened them not
to tell the name of the appellant. It is submitted that this
statement is concocted and just to put forth a ground for
rejection of bail application. Learned Advocate would further
submit that if the Court is inclined to grant bail to the
46 cr.a. no.04.25.odt..odt
appellant, then he would keep himself away from the village.
He is ready to abide by the conditions that may be imposed by
the Court.
6. Learned APP and learned Advocate appointed to
represent respondent No.2 would submit that the crime
committed by the accused is brutal and serious. As far as the
role of the appellant is concerned, learned APP and learned
Advocate for respondent No.2 submitted that instead of
protecting the victim girl the appellant and his another friend
made fun of the victim when she was being ravished. Learned
APP and learned Advocate for respondent No.2 would submit
that though specific act has not been attributed to the
appellant, his very presence on the spot would be sufficient to
establish his complicity in the crime of gang rape. Learned APP
would submit that family of the victim girl is very poor and
therefore, well wishers of the appellant are threatening the
victim and her parents of dire consequences in case they do not
46 cr.a. no.04.25.odt..odt
change their version against the appellant. In short, it is
submitted that there is possibility of tampering with the
prosecution evidence or threatening or pressurizing the victim
to change her version in the Court, at the behest of the
appellant .
7. I have gone through the contents of the report.
The report was lodged by the sister of the victim girl. The
statement of the victim girl was recorded by the police.
Undisputedly, neither in the report lodged by the sister of the
victim nor in the statement of the victim recorded by the police,
she has made any grievance or allegation of rape against the
appellant. The medical examination report of the victim is on
record. The victim girl has stated in great detail the deplorable
act committed by accused Shivaji and Rajesh. It is apparent that
no allegation of sexual intercourse has been made against him.
The only allegation made against him is that he along with his
friend was sitting at some distance and enjoying the incident
46 cr.a. no.04.25.odt..odt
and making fun of the victim girl.
8. It is to be noted that complicity of the accused in
the crime is sought to be established on the allegation that he
along with his friend was present at some distance from the spot
when the gang rape was committed. It needs to be stated that
his responsibility will have to be fixed on the basis of the
evidence adduced at the stage of trial. It is true that the
appellant and his another friend, who were sitting at some
distance from the spot of the incident, could have intervened
and rescued the victim girl. They did not do that. At present
this may reflect upon his conduct. However, in my view, in the
totality of the facts and circumstances, I do not see any reason
to deny bail to the accused. Trial may take some time for
completion. In the teeth of the primary allegation against each
one of the accused, further incarceration of the appellant may
not be necessary and warranted. Therefore, I am inclined to
exercise the discretion in favor of the appellant/accused to
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release him on bail. As far as the apprehension put forth by the
learned APP and learned Advocate for the victim is concerned,
the same can be taken care of by imposing appropriate
conditions. One of the conditions in my view would be to keep
the appellant/accused No.3 away from particular area.
9. In view of this, the appeal is allowed.
i) The impugned order dated 24.10.2024 passed by
the learned Special Judge and Additional Sessions Judge
Amravati refusing to grant bail to the appellant in Crime
No.371/2024 registered at Police Station Chandur Railway for
the offences punishable under Sections 363, 365, 366, 376,
376-D, 377, 307 read with Section 34 of the I.P.C. and
Sections 4, 6, 10, 17 of POCSO Act, 2012 read with Sections
3(1)(w)(i), 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the SC and ST
Prevention of Atrocities Act, 1989, is set aside.
ii) Appellant- Akshay s/o Prakash Khande be
released on bail on his furnishing P.R. bond in the sum of
46 cr.a. no.04.25.odt..odt
Rs.25,000/- (Rupees Twenty Five Thousand Only) and one
surety in the like amount.
iii) Appellant/accused No.3 shall not enter the
territorial limits of Chandur Railway Taluka District Amravati.
iv) Appellant shall report Gadge Nagar Police
Station District Amravati on the first day of every month be-
tween 7.00 p.m. and 9.00. p.m.
v) Bail before the Trial Court.
10. Learned appointed Advocate is entitled to get the
professional fees as per rules.
11. Criminal Appeal stands disposed of.
(G. A. SANAP, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 11/02/2025 19:09:34
