Dnyaneshwar Maroti Pawar v. The State Of Maharashtra And Another

2024:BHC-AUG:25688

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1347 OF 2024 Dnyaneshwar Maroti Pawar

VERSUS

The State Of Maharashtra And Another Mr. S. J. Salunke, Advocate for the applicant Mr. M. K. Goyanka, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 18th OCTOBER, 2024 PER COURT :- 1.

Applicant apprehends arrest in connection with Crime No. 167/2024 registered with Wadwani Police Station, Dist. Beed for the offence punishable under Sections 64, 74, 75, 351(2), 351(3) of the Indian Penal Code.

2.

The first informant is a lady who claims that on 01/07/2024 while she was coming back home from the agricultural field, applicant sexually abused her. On the basis of these allegations the offence of rape is attributed to the applicant.

3.

Learned counsel for the applicant submits that the informant is a major. He drew attention of the Court to the call record exchanged between the applicant and informant which according to him indicate that there was consensual relationship between them. He, therefore, 933.aba1347.24.odt

seeks pre arrest bail.

4.

Learned APP opposed the application by citing seriousness of the crime.

5.

The applicant and informant are major. Prima facie record placed before this Court indicate that there were enormous calls between applicant and informant. Prima facie perusal of the same indicate that there is substance in the contention of the learned counsel for the applicant that there is close relationship between them and as such this could be a case of consensual sexual activities. Hence, the application is allowed in terms of interim order dated 7th August, 2024. (R. M. JOSHI, J.) ssp 933.aba1347.24.odt