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Sundar Gangaram Khandekar vs The State Of Maharashtra on 2 November, 2018

950-BA-1311-2018
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

950 BAIL APPLICATION NO. 1311 OF 2018

Sundar Gangaram Khandekar
Age : 25 yrs. Occu. Service
R/o Shindagi (Kh)
Tq. Ahmedpur, Dist. Latur. … Applicant
(Orig. Accused No.2)

VERSUS

The State of Maharashtra,
Through Police Station Officer
Ahmedpur Police Station, Pachora,
Dist. Latur. … Respondent

….

Mr. Niteen V.Gaware, Advocate for Applicant.
Mr. S.D. Ghyal, APP for Respondent-State.
….

CORAM : V.L. ACHLIYA, J.

DATED : 02 nd NOVEMBER, 2018

PER COURT:-

1. The applicant-accused no.2 has moved this application

seeking release on bail in connection with the offences registered

against him U/sec. 376(I)(J), 506 r/w. Section 34 of the Indian

Penal Code (for short, ‘IPC’) and Section 3A and 4 of the

Protection of Children from Sexual Offences Act (for short, ‘POCSO

Act’) vide Crime No. 395/2017 (135/2017) with Police Station

Ahmedpur, District Latur.

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950-BA-1311-2018
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2. Heard the learned counsel for the applicant and the learned

APP for State. Perused the papers of investigation.

3. By referring the first information report lodged by the

prosecution, the learned counsel for the applicant pointed out that

the role attributed to the present applicant confines to his

presence on the spot while the accused no.1 committed rape on

prosecutrix and giving threat to prosecutrix. Learned Counsel

submits that in the light of allegations made in F.I.R., no offence

u/s 376(I)(J) of IPC as well as Sections 3A and 4 of POCSO Act is

attracted against the applicant. He submits that in order to

attract the said offences there must be act of sexual assault on

the part of the applicant. In this background, the learned counsel

submits that looking to the nature of the offence, accusation

against the applicant, the role attributed to applicant in

commission of office, status of investigation, the applicant may

be enlarged on bail.

4. On the other hand, the learned APP opposed the application

with contention that looking to the nature of offence and

accusation against the applicant, the applicant not deserves to be

released on bail. Learned APP submits that in the statement

recorded U/sec. 164 of Cr.P.C., the prosecutrix has stated that

both the accused removed her cloths. In the light of subsequent

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950-BA-1311-2018
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statement made by prosecutrix, the learned APP submits that

there is evidence to connect the applicant with offences U/sec. 3A

and 4 of POCSO Act registered against the applicant. Learned APP

further submits that in case the applicant is released on bail, there

is every likelihood that he may presurrised the prosecution

witnesses.

5. In order to appreciate the submissions advanced, I have

perused the papers of investigation. The first information report

lodged by the prosecutrix on the next day of incident reveals that

the act of forcibly taking away prosecutrix in the adjoining field

and committing act of forcible sexual intercourse has been solely

attributed the accused no.1 Gurunath. In the first information

report, the prosecutrix has attributed limited role to the applicant

and confines to his presence on the spot and causing threat to

the prosecutrix and her cousin sister. Both the accused allegedly

asked the prosecutrix and her cousin sister Alka not to disclose

about the incident anyone from their family. Thus, if we consider

the entire case of the prosecution in the light of first information

report then, no act of sexual assault is attributed against the

applicant. In the statement recorded one week after the incident

i.e. on 14.12.2017, the prosecutrix in her improved version as to

the incident stated that both the accused removed her cloths.

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950-BA-1311-2018
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7. Thus, considering the over all facts of the case, nature of

accusation against the applicant and the evidence collected by

the prosecution to establish the complicity of the applicant in

commission of the offence, I am of the view that the applicant

deserves to be released on bail. The investigation in the case is

already over and the charge-sheet has been filed on 27.09.2018.

The case of the applicant stands on different footing as that of

the case of accused no.1 – Gurunath. The act of committing rape

has been attributed to accused no.1. In the light of accusation

against the applicant, no offence U/sec. 376 of IPC is attracted

against the applicant. Hence it is not desirable to keep the

applicant behind the bars till the conclusion of the trial. The

applicant is aged about 25 years. He has no past record of

involvement in criminal activity. So far as the apprehension

expressed by the learned APP that in the event of release of the

applicant on bail, the applicant may pressurize the prosecution

witnesses, I am of the view that the apprehension expressed by

prosecution can be addressed by imposing stringent conditions,

while releasing the applicant on bail. I am therefore inclined to

allow the application and pass the following order:

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950-BA-1311-2018
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ORDER

I. The application is allowed.

II. The applicant-accused no.1 Sundar Gangaram Khandekar
arrested in Crime No.395/2017 (135/2017) registered with

Ahmedpur Police Station, District Latur for committing offences
U/sec. 376(I)(J), 506 r/w. Section 34 of the IPC and Section 3A
and 4 of the POCSO Act be released on bail on his furnishing bail
in the sum of Rs. 40,000/- [Rupees Fourty Thousand] with one or
two sureties in like amount on following conditions.

[a] The applicant shall not indulged into any act
amounting to pressurising or tampering of prosecution
witnesses.

[b] After release on the bail, the applicant shall not
enter into the village Kindgi (Kh), Tq. Ahmedpur, Dist.
Latur till the conclusion of trial.

[c] Pending investigation and till filing of the
charge-sheet, the applicant shall attend the Pachora
Police Station on each alternate day in between 4.00 to
6.00 p.m. (except on 07.11.2018) to record his
appearance before the officer in-charge of Police Station.

[c] The applicant shall not indulged into any act
amounting to pressurizing and tampering of the
prosecution witnesses.

[d] The applicant shall attend the Police Station
Ahmedpur on last day of each month in between 10.00
a.m. to 11.00 a.m. to record his appearance before the
officer in-charge of Police Station till conclusion of the
trial.

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950-BA-1311-2018
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[e] The applicant shall furnish the names and
addresses of his three close relatives with their phone
numbers.

8. In the event of breach of any of the conditions of bail by the
applicant, the prosecution will be at liberty to move the Court for
cancellation of his bail.

9. Bail to be furnished before the trial Court.

10. The application is disposed of in above terms.

( V.L. ACHLIYA )
JUDGE
Sudhir Rane

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