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Bombay High CourtABA/975/2022disposed off

Mahesh @ Purushottam Sudhakar Deore And Others v. The State Of Maharashtra

2022-08-04Hon'Ble Shri Justice S. G. Mehare3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.975 OF 2022 WITH APPLN/2440/2022 IN ABA/975/2022 MAHESH @ PURUSHOTTAM SUDHAKAR DEORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Patil Vijay Bhalerao APP for Respondent/State : Mr. S.B. Narwade Advocate for Assist to P.P. : Mr. Amit S. Savale ...

CORAM : S.G. MEHARE, J.

DATED : 04th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicants and the learned APP for the State.

2.

Very bad allegations have been levelled against the applicants that they were forcing the complainant to involve in prostitution. Serious allegations have been levelled against the father-in-law that he has committed sexual assault with her. It has also been alleged that the husband was showing her dirty videos and asking her to do unnatural sex. When she was opposing him, the husband was beating her. It has also been alleged against the applicants that the mother-in-law and sister-in-law were beating her for doing the sex business. They were also saying that if she would do such business, they would pay money to her father. It has also been

(2) alleged that her cousin brother-in-law has also committed forceful sex with her.

3.

Learned counsel for the applicants has argued that these are all the false allegations and there is inordinate delay in lodging the FIR. The prosecution has no case for custodial interrogation of the applicants. Therefore, anticipatory bail may be granted to them. 4.

Learned APP with learned counsel Shri Amit S. Savale assisting the learned APP have vehemently argued that a young married women has no reason to make such allegations against the husband and in-laws. The entire family was involved in the business of prostitution and the male members seems to be making money by forcing the victim to do the prostitution. She was beaten and harassed for such a business for which she was denying. She has been sexually assaulted by her father-in-law and cousin brother-inlaw. Therefore, the applicants have no case for anticipatory bail. 5.

The FIR reveals that how the complainant was treated. A young women would not make such serious allegations against the family members. It appears that all the accused were involved in committing the offence. The complainant was forced to do the prostitution and when she denied, she was beaten by the mother-inlaw and sister-in-law. Considering the gravity of the offence and allegations levelled against the applicants, this Court is not inclined to grant anticipatory bail to the applicants. Hence, the application

(3) stands dismissed. Criminal Application No.2440 of 2022 is allowed and disposed of.

(S.G. MEHARE, J.) Mujaheed//