Rajesh Alias Zingya Banu Bhosale v. The State Of Maharashtra And Another
2026:BHC-AUG:18768
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 46 BAIL APPLICATION NO. 667 OF 2026 RAJESH ALIAS ZINGYA BANU BHOSALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Dhanraj S. Ingole h/f Mr. Shekade Shashikant E Addl. PP for Respondent/s-State : Mr. A. R. Kale. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 27.04.2026 PER COURT :- 1.
Heard both sides.
2.
The applicant is seeking bail in respect of offence bearing Crime No.65 of 2025, registered with Georai Police Station, District Beed, for the offences punishable under Sections 64, 70(1), 326(f), 333, 351(3) of Bharatiya Nyaya Sanhita.
3.
It is reported to the police by the informant that she was married and having a child. On 26.01.2025, applicant is alleged to have arrived at her place along with three persons in a drunken condition and demanded food. On refusal by the informant, applicant is alleged to have committed rape with the help of other persons. While leaving the place, applicant
and others are alleged to have threatened and set the vehicle on ablaze. Applicant is arrested on 06.01.2026. Charge-sheet is filed on 27.01.2026.
4.
In this backdrop, learned counsel for the applicant submits that there is false implication of the applicant. The incident narrated is concocted. Informant did not immediately lodge the report of rape, despite she had been to Police Station. The statement under Section 183 of the informant would not enure to the benefit of the prosecution.
5.
Per contra, learned APP submits that First Information Report and the statements under Section 183 are consistent. The damaged vehicle has been recovered from the spot. There is no reason to disbelieve the informant.
6.
Applicant is said to have committed sexual offence against a married major woman. She is mother of a child. The applicant is said to be her distant relative. It's a case of single episode of sexual encounter. Medico Legal Certificate does not reflect any use of force.
7.
It is surprising as to why the informant did not lodge the complaint of rape when she had been to Police Station. It was reported to be assault only. A doubt is created for the
prosecution case. Trial will consume time. No criminal antecedents are reported against him. The recovery of the damaged vehicle at the spot of the incident is not per se incriminating. I, therefore, pass the following order :
O R D E R
(i) Bail Application is allowed.
(ii) Applicant RAJESH ALIAS ZINGYA BANU BHOSALE shall be released on bail in Crime No.65 of 2025, registered with Georai Police Station, District Beed, for the offences punishable under Sections 64, 70(1), 326(f), 333, 351(3) of Bharatiya Nyaya Sanhita, on furnishing P. R. bond of Rs. 50,000/- (Rupees fifty thousands only) with one solvent surety of like amount on the following conditions :
(a) The applicant shall stay away from entire Georai Taluka till conclusion of the trial.
(b) The applicant shall not tamper with the prosecution evidence and contact the prosecution witnesses.
(c) The applicant shall furnish his address and contact numbers to the Investigating Officer.
(d) The applicant shall surrender his Aadhar Card and PAN Card to the Investigating Officer, if any.
(e) The applicant shall co-operate for expeditious disposal of the trial and attend the dates punctually.
(iii) Bail application is disposed of accordingly.
(SHAILESH P. BRAHME, J.) ...
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