Bombay High Court
Santosh @ Chhotya Dayaldas Dahare vs The State Of Maharashtra Thr. P.S.O., ... on 21 February, 2025
Author: G. A. Sanap
Bench: G. A. Sanap
2025:BHC-NAG:1768
1.Cri.Apeal.520.2024judge.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL (APEAL) NO. 520 OF 2024
Santosh @ Chhotya Dayaldas Dahare,
Aged : 32 Yrs., Occu.: Agriculturist,
R/o. Kotjambhora, Tah. Salekasa,
District Gondia
(Presently at District Prison,
Bhandara) .... APPELLANT
// V E R S U S //
1 The State of Maharashtra,
Through Police Station officer,
Police Station Salekasa,
District Gondia
2 X.Y.Z.,
through PSO P.S. Salekasa,
C.R. No. 75/2024
District Gondia ... RESPONDENTS
-----------------------------------------------------------------------------------------------
Mr R. M. Daga, Advocate for the appellant
Mr Neeraj Jawade, APP for respondent No.1/State
Ms Aastha Sharma, Advocate (appointed) for respondent No.2
-----------------------------------------------------------------------------------------------
CORAM : G. A. SANAP, J.
DATE : 21/02/2025
OR A L JUDGMENT :
1. Heard.
2. ADMIT. Taken up for final disposal with consent
of learned Advocates for the parties.
1.Cri.Apeal.520.2024judge.odt
3. This is an appeal under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'the Atrocities Act') against the
order dated 30.08.2024 passed by the learned District Judge-2
and Additional Sessions Judge, Gondia (for short 'the learned
Judge'), whereby the learned Judge rejected the bail application
made by the accused/appellant in connection with crime No75
of 2024 registered with police station Salekas, Gondia.
4. The learned Advocate for the appellant would
submit that the victim is major. The evidence compiled in the
charge-sheet shows that it was a consensual act. The learned
Advocate would submit that when the brother of the victim saw
them together the report of the incident was lodged. The
learned Advocate took me through the medical evidence and
pointed out that the medical officer has recorded a finding that
she is not mentally ill. It has been stated that she is of average
intelligence. The learned Advocate would submit that the
appellant has been in jail from the date of his arrest. The charge
1.Cri.Apeal.520.2024judge.odt
sheet has been filed. The trial may take a time for completion.
In the teeth of the evidence compiled in the charge sheet,
further incarceration of the appellant is not necessary. His
further incarceration may amount to a pre-trial conviction. It is
submitted that he is ready to abide by the condition that may be
imposed by the Court.
5. Learned APP and learned Advocate appearing for
the victim submitted that on two occasions the accused
committed forcible sexual intercourse with the victim. She was
threatened with dire consequences in case she did not succumb
to his pressure. The victim did not disclose the incident to her
parents. The learned Advocate would submit that the victim is
mentally imbalanced and the accused took advantage of this
situation. It is further submitted that the accused and the
victim are resident of the same village and if the accused is
enlarged on bail then he would threaten the victim and other
witnesses. There is a possibility of tampering with the
prosecution evidence.
1.Cri.Apeal.520.2024judge.odt
6. I have perused the record and proceedings. The
incident in question occurred in the bathroom of the school.
On 24.03.2024 at about 9:30 p.m., the victim girl and the
accused were spotted in the bathroom by the informant, who is
the brother of the victim. The victim, on being confronted
with the incident, narrated that earlier on 21.03.2024 the
accused forcibly committed intercourse with her. She further
informed that the accused had threatened to kill her in case the
act committed by him was disclosed. The victim was examined
by the medical officer. The medical officer noticed a minor
hymen tear. The victim on the date of the incident was above
18 years of age. The medical officer in his report has not
confirmed the contention of the informant that the victim is
mentally ill. He has stated that she is of average intelligence. It
has come on record that in the night the victim was roaming on
the road. She went missing. The informant and other family
members took her search and at that time her brother/
informant found her in the company of the accused in
bathroom of the school.
1.Cri.Apeal.520.2024judge.odt
7. The victim is twenty years old. The victim was
directed to personally remain present before the Court. She
attended the court. I have noticed her physical condition.
After considering the report of the medical officer, it may not be
possible at this stage to record any finding as to the mental
condition of the victim. However, fact remains that the medical
examination revealed that she is not mentally ill. The victim
did not disclose the first incident to her family members, which
according to the informant occurred at the very same place.
The charge-sheet has been filed. The accused has been
languishing in jail. There is no progress in the trial. The
completion of the trial in the near future is not possible. In my
view, considering the peculiar facts of this case and the material
compiled in the charge-sheet, the bail cannot be denied to the
accused. As far as the merits of the matter are concerned, the
same cannot be gone into at this stage. If the merits of the
matter are gone into at this stage then the finding recorded, one
way or the other, is likely to prejudice either the prosecution or
the accused. Suffice to state that case in question, is a fit case to
1.Cri.Apeal.520.2024judge.odt
exercise discretion in favour of the accused. The apprehension
put forth by the learned APP and the Advocate for the victim
can be taken care of by imposing appropriate conditions
including the condition that he shall not enter the village
Salekasa till the completion of the trial. As such, the
application is deserves to be allowed. Hence, the following
order:
i] The criminal appeal is allowed.
ii] The order dated 30.08.2024 passed by
the learned District Judge-2 and Additional
Sessions Judge, Gondia is quashed and set aside.
iii] Applicant- Santosh @ Chhotya
Dayaldas Dahare be released on bail in Crime
No.75 of 2024, registered with Police Station
Salekasa for the offences punishable under Sections
376, 376(2)(l)(n), 506 of the Indian Penal Code
read with Sections 3(2)(v), 3(1)(w)(i)(ii), 3(2)(va)
of the Scheduled Caste and Scheduled Tribe
(Prevention of Attrocites) Act, 1989 on his
1.Cri.Apeal.520.2024judge.odt
furnishing P.R. Bond in the sum of Rs. 25,000/-
(Rupees Twenty Five Thousand only) with one
surety in the like amount.
iv] The appellant shall not in any way
tamper with the prosecution evidence.
v] The appellant shall not pressurize or
threaten the prosecution witnesses.
vi] The appellant shall not enter the village
Salekasa, District Gondia till the completion of the
trial.
vii] The appellant shall co-operate the
investigating officer.
8. The learned appointed advocate for respondent
No.2 be paid professional fees as per rules.
9. The criminal appeal stands disposed of, accordingly.
Pending applications, if any, also stand disposed of.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 24/02/2025 15:25:14
