Deepak Damji Patel v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3920 OF 2024 Deepak Damji Patel ...Applicant

VERSUS

The State of Maharashtra and Anr.

...Respondents

....

Mr. Tanveer Patel with Mr. Aditya Shah and Mr. Asit Chaware, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent - State. Ms. Kanchan Pawar, appointed advocate for Respondent No.2 ....

CORAM

:

N. R. BORKAR, J.

DATE :

12.02.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 8 of 2024 registered at Kharghar Police Station, New-Mumbai for the offences punishable under Sections 376, 354-D, 323, 504, and 506 of the Indian Penal Code.

3.

The victim and the applicant were working with Tirumala Tirupati Multi-State Co-operative Credit Society Limited.

4.

According to the victim, in August 2023 the present applicant proposed her for marriage. It is alleged that on 29.09.2023, he called her at his house and allegedly committed forcible sexual intercourse with her. 5.

I have heard the learned counsel for the applicant, learned APP for the respondent/State and the learned counsel for the respondent No.2.

6.

The learned counsel for the applicant submits that applicant and victim were in relationship. It is submitted that the alleged act was consensual.

7.

On the other hand, the learned APP submits that considering the nature of offence, the applicant may not be released on bail.

8.

I have perused the statement of the victim. Primafacie there appears to be substance in the submission fo the learned counsel for the applicant. The applicant is in jail more than one year. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 8 of 2024 registered at Kharghar Police Station, New-Mumbai for the offences punishable under Sections 376, 354-D, 323, 504, and 506 of the Indian Penal Code. on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

7.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)