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BOMBAY HIGH COURT
VISHNU GULAB @ CHADRAKANT BARGANDE – Appellant
Versus
THE STATE OF MAHRASHTRA AND ANR – Respondent
JUDGMENT :
(ANIL S. KILOR, J.)
1. Heard.
2. By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.847 of 2021, registered with Faujdar Chawdi Police Station, Dist: Solapur City for the offences punishable under Sections 376, 376(2)(n),376-D, 504 and 506 r/w 34 of the Indian Penal Code.
3. Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the victim along with the accused no. 1 stayed for about 9 months and then went back to her husband’s house and lodged the complaint belatedly.
4. As far as the applicant is concerned, he is accused no.2, and as regards the applicant allegation is that on 31.10.2021, he committed rape on the victim. There is a delay about 3 months in lodging the complaint. Furthermore, there are certain statements of neighbours who have stated in their statements that the victim and the accused no. 1 left the said place where the alleged incidence took place on 25.10.2021 i.e. a week before the alleged incident.
5. In the circumstances, though there are antecedents against the applicant which are of not similar nature, in absence of s
The court granted bail due to insufficient prima facie evidence and significant delay in lodging the complaint, emphasizing the need for fair trial conditions.
The court established that significant delays in filing an FIR, when unexplained, can be a critical factor in granting bail, especially in cases where the trial is expected to be prolonged.
Sexual offence - Rape - Grant of bail - Delay in filing FIR - wife of the applicant along with the family members and the applicant are in loggerheads. Considering the facts and circumstances since t....
Bail granted considering false implication, delayed FIR, and victim's refusal for medical examination.
The court granted bail based on significant delays in reporting the incident and lack of medical evidence, raising doubts about the prosecution's case.
The court emphasized that unexplained delays in reporting serious allegations can undermine the prosecution's case, leading to the granting of bail.
Anticipatory bail should only be granted in exceptional circumstances; the seriousness of the allegations and need for investigation justifies denial of bail.
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