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2023 Supreme(Bom) 923

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Sajjan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. M. S. Karad, Advocate, for the Appellant; Mrs. Preeti Diggikar, APP and Mr. A. K. Bhosale, Advocate, for the Respondent

JUDGMENT

1. Admit.

2. Present appeal has been filed by the appellant under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") to challenge the order of rejection of his bail application under Section 438 of the Code of Criminal Procedure by learned Special Judge, under the Atrocities Act, Aurangabad in Bail Application No.2100 of 2022 on 04.11.2022.

3. Respondent No.2 is the original informant, who has filed FIR vide Crime No.161 of 2022 with Vedant Nagar Police Station, District Aurangabad for the offences punishable under Sections 376, 313, 323, 506 of Indian Penal Code and under Sections 3(1)(r), 3(1)(s), 3(2), 3(2) (va) of the Atrocities Act on 20.10.2022 contending that during the period 27.07.2020 to 22.04.2022, the present appellant has committed sexual intercourse with the informant by giving promise to marry and also caused abortion of the informant, though the appellant was knowing that she is a member of Scheduled Caste and in March 2022, the appellant had abused her in the name of caste.

4. The learned Special Judge under the Atrocities Act has rejected the application on the grou

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