928-ba-4368-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 4368 OF 2021

Akash Pandurang Dalvi

..Applicant

V/s.

The State of Maharashtra

..Respondent

----

Mr. Atul Patil, for the Applicant.

Mr. R. M. Pethe, APP for the Respondent / State.

----

CORAM : C.V. BHADANG, J.

DATE : 30 MARCH 2022

P.C.

.

The Applicant alongwith co-accused has been

chargesheeted for the offence punishable under Section 376, 506

r/w. 34 of IPC in Crime No.214/2021 of Police Station Barshi

Taluka, District Solapur.

2.

The aforesaid crime is registered on the basis of the

complaint dated 28 June 2021 lodged by the victim who is a

married girl aged about 22 years. She claims that on 21 January

2021 she came out of house at 11.30 p.m. for urinating when the

Applicant had forcible sexual intercourse with her. As she raised

shouts, her husband came out of the house when the Applicant

Mamta Kale page 1 of 3

MAMTA

AMAR

KALE

Digitally

signed by

MAMTA

AMAR KALE

Date:

2022.04.01

20:21:48

+0530

928-ba-4368-2021.doc

fled from the spot. She also claims that on the following day, the

co-accused Pravinkumar alias Appa Ghodake had threatened her

and her husband not to report the matter to the police. She states

that as they were scared they did not lodge report till 28 June

2021.

3.

I have heard the learned counsel for the parties. Perused

record.

4.

Prima facie, it can be seen that there is substantial delay in

lodging of the complaint, in as much as the incident is alleged to

have happened on 21 January 2021 and the complaint is lodged

on 28 June 2021 for which there is no explanation.

5.

The learned counsel for the Applicant has pointed out a

statement dated 22 March 2021 (at page 48 of the compilation)

of the husband of the victim. It appears that the husband of the

victim was called by the police in connection with the complaint

lodged at Barshi Police Station, Solapur Rural against the

Applicant and Pravinkumar alias Appa Ghodake. Learned

counsel for the Applicant submitted that the husband of the

informant had stated that the said complaint with the

Superintendent of police is not made at their instance and it

appears to have been filed by some disgruntled element in the

village.

Mamta Kale page 2 of 3

928-ba-4368-2021.doc

6.

Be that as it may, the fact remains that there is a substantial

delay in lodging of the complaint. The investigation is complete

and the chargesheet is filed. The Applicant is arrested on 6

October 2021 and is in custody since then.

5.

In such circumstances, the following order is passed.

ORDER

(i)

The Criminal Bail Application is allowed.

(ii)

The Applicant Akash Pandurang Dalvi, be

released on bail in Crime No.214/2021 of Police

Station Barshi, District Solapur, on executing a P.R.

Bond in the sum of Rs.25,000/- with one or two

solvent sureties, in the like amount.

(iii)

The Applicant shall undertake to remain

present before the learned Sessions Judge during

the course of trial, unless exempted.

(iv)

The Applicant shall not directly or

indirectly make any attempt to tamper with the

prosecution evidence or witnesses.

(v)

Bail bonds to be furnished before the

learned Sessions Judge.

(C.V. BHADANG, J.)

Mamta Kale page 3 of 3