Madan Sopan Phalake v. State Of Maharashtra And ANR

4-BA-3523-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3523 OF 2024 Madan Sopan Phalake ...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

....

Mr. Shailesh Kharat a/w Mr. Onkar Chaudhari a/w Mr. Anil Ingale, Advocate for the Applicant.

Mr. Zakir Hussain Shaikh, appointed Advocate for Respondent No.2.

Mr. V. A. Kulkarni, A.P.P. for the Respondent No.1 - State. Mr. Nyamane N. S. (A.P.I.), Chakan Police Station, present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

21st FEBRUARY, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 91 of 2019 registered at Chakan Police Station, Pimpri Chinchwad, for the offences punishable under Sections 376(2)(f)(l), 323, 504, 506 of the Indian Penal Code, Sections 3, 4, 5(k)(n), 6, 7 & 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

The present applicant is the husband of the complainant. The victim is the niece of the complainant. The Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.04.03 19:37:59 +0530 allegations against the present applicant are of penetrative SAJAKALI LIYAKAT JAMADAR sexual assault.

Sajakali Jamadar

4-BA-3523-2024.doc 4.

According to the complainant, on the date of incident which took place on 07.01.2019, they were residing together. The learned counsel for the applicant has, however, placed on record the decree of divorce dated 01.11.2014 between the complainant and the present applicant.

5.

In the complaint there is no reference of the decree. Thus, prima facie, the possibility of false implication cannot be ruled out. In that view of the matter, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 91 of 2019 registered at Chakan Police Station, Pimpari Chinchwad, for the offences punishable under Sections 376(2)(f)(l), 323, 504, 506 of the Indian Penal Code, Sections 3, 4, 5(k) (n), 6, 7 & 8 of the Protection of Children from Sexual Offences Act, 2012 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) Application stands disposed of accordingly.

(N. R. BORKAR, J.) Sajakali Jamadar