Advocates:
['Narwade Narayan B', 'COPY SERVED ON P P', '', 'JAIN GAJENDRA D']

BA-907 With BA-674-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 907 OF 2022

Amol @ Balu Subhash Deshmukh

… Applicant

Versus

The State of Maharashtra and another

… Respondents

WITH BAIL APPLICATION NO. 674 OF 2022

Pravin Dattatray Salke

… Applicant

Versus

The State of Maharashtra and another

… Respondents

.…

Mr. N. B. Narwade, Advocate for the applicants

Mr. N. T. Bhagat, APP for respondent No.1 – State

Mr. G. D. Jain, Advocate (Appointed) for respondent No.2

.…

CORAM : R. G. AVACHAT, J.

DATED : 21^st JULY, 2022

PER COURT :-

Both the applications are for bail under Section 439 of

the Code of Criminal Procedure. The applicants have been arrested

in connection with Crime No.0776/2021, registered with Parner

Police Station, District Ahmednagar, for the offences punishable

under Sections 302, 376, 376-A r/w 34 of the Indian Penal Code and

under Sections 4, 8 and 17 of the Protection of Children from Sexual

Offences (POCSO) Act, 2012.

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2.

Both these applications are taken up together since they

arise from one and the same crime.

3.

Heard.

Perused the First Information Report (FIR) and the

related police papers.

The FIR has been lodged by the father of the victim on

21.10.2021. It is the case of rape with murder of a 16 year old

daughter of the informant. The informant resides at village

Barshilemala, Jawla, Taluka Parner, District Ahmednagar. He is a

labour by profession. The victim was 10^th standard student of a

school at Jawla. She has a younger brother by name Prasad. He was

4^th standard student at the relevant time. The informant had

previously married. His first wife has, however, been separated from

him. The victim was the daughter of the informant of his first

marriage. The informant, thereafter, married one Jyoti. She too

works as agricultural labour.

4.

The victim had attended school on 18.10.2021. On

19.10.2021 and 20.10.2021, there were holidays on account of Eid

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and Kojagiri Pournima. Since those were Corona pandemic days, the

victim had school on alternate days. On 20.10.2021, the informant’s

wife Jyoti had been to the field of one Jaisingh Salke and the

informant had been to the village Jawla in search for work. He, there

got the work of loading a transport vehicle with onions. The

informant came to his field to feed his cattle. Prasad contacted the

informant on his cell-phone. It was a call made from a neighbour’s

(Geeta Ubale) cell-phone. He informed that the victim was lying

unconscious on bed. The informant immediately came home. He

found legging of the victim to have been taken down upto her knees.

There were bruises on her left cheek. He also noticed a dark mark on

her throat. The informant, therefore, immediately, contacted his

friend Amol (applicant in BA/907/2022). He came there. One Pradip

Somwanshi also came. The victim was motionless. She was first

taken to Dr. Gangre’s hospital at village Jawla. Then, she was taken

to Dr. Adhav’

s hospital. On his directions, the victim was taken to

Primary Health Centre at Parner. The doctor there, declared her dead

before admission. The informant lodged the FIR alleging therein that

some unknown person killed his daughter by smothering and

compressing of her throat.

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5.

It was revealed that the victim had been raped. The

informant’

s son Prasad had seen both the applicants hurriedly

proceeding on their motorbike from the front yard of his house at

the material time on the fateful day. It was also found during

investigation that the applicant Amol has illicit relationship with the

informant’

s wife. Both the applicants would frequently visit the

informant’

s residence. It is also found during the investigation that

the informant’

s wife would give money to the deceased for being

paid to the applicant Amol. The victim knew the relationship

between the applicant Amol and Jyoti. The victim