Advocates:
['Kadam Gajanan G', 'COPY SERVED ON P P', '', 'Narwade Narayan B']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

993 BAIL APPLICATION NO.1392 OF 2021

SIDDHESH @ DADA POPAT RASKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Mr. G.G. Kadam, Advocate for the applicant

Mr. A.M. Phule, APP for the respondent No.1/State

Mr. N.B. Narwade, Advocate for the respondent No.2

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE:

22^th DECEMBER, 2021

ORDER :

1

Present application has been filed under Section 439 of the Code

of Criminal Procedure, 1973 by the applicant, who has been arrested in

connection with Crime No.544/2021 dated 30.07.2021 registered with

Parner Police Station, Dist. Ahmednagar, for the offence punishable under

Section 305, 354, 354-D, 506 read with Section 34 of the Indian Penal Code,

1860 and under Section 7, 8 of the Protection of Children from Sexual

Offences Act, 2012.

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2

Heard Learned Advocate Mr. G.G. Kadam for the applicant,

learned APP Mr. A.M. Phule for the respondent No.1/State and learned

Advocate Mr. N.B. Narwade for the respondent No.2. In order to cut short, it

can be said that they have argued in support of their respective contentions.

3

At the outset, it can be seen that the investigation is complete

and charge sheet has been filed, therefore, the further physical custody of the

applicant is not required for the purpose of investigation. We are required to

see what is the material that has been collected against the applicant.

4

The First Information Report has been lodged by the father of

the victim on 30.07.2021. Victim was aged 16. The victim and her cousin

sister used to go to school by walk. In April, 2021 it was told by the victim

and her cousin to the informant that the present applicant and co-accused

Vivek Kalokhe were harassing her on the Bus Stand. The matter was then

taken up before respectable persons and understanding was given.

Thereafter at about 1.30 p.m. on 27.07.2021 the victim and her cousin

informed informant that when they had gone for submitting their CET form,

they were harassed by the accused persons and they gave threat that the girls

will have to marry them otherwise they will not allow their marriage to take

place and also they will not allow them to live. The girls were given

understanding but the parents could find that they were under tension. On

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29.07.2021 the victim and her cousin went for study at about 11.00 a.m. and

then at about 1.00 p.m. the mother of the informant disclosed that both the

girls have consumed poisonous substance. They went to the room, where the

girls had gone for study and they could find that froth had oozed out of their

mouth and there was insecticide bottle near them. The girls were shifted to

hospital, however, the victim was declared dead. Her cousin sister was given

treatment and she was thereafter out of danger. Thereupon the First

Information Report has been lodged.

5

From the contents of the First Information Report it can be seen

that it was based on the information that was given by the victim as well as

her sister. The Postmortem Report would indicate that the viscera was

preserved and the opinion has been reserved. What is most important, is the

statement of the cousin sister of the victim, who was of same age and appears

to be the classmates and used to be together most of the time. Her statement

that has been recorded on 03.08.2021 would disclose that she has no

grievance to make against accused No.2 Vivek. She has no complaint to

make also against applicant. Her statement would show that the present

applicant used to frequently contact deceased and was proposing her for

marriage. It appears that the victim was not agreeing to his proposal. Inspite

of that it appears that there used to be conversation between the victim and

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the present applicant on WhatsApp. The summary of her statement would

show that on the date of incident the victim told her that the present

applicant is still insisting for marriage. T