IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. OF 2021.

DIST: PUNE

XXX

Age – 22 year, Occ: Labour,

R/at Near S.T Stand, Baramati,
Dist. Pune, ……… APPLICANT

V/S

The State of Maharashtra. ……….RESPONDENT

INDEX
Sr. No. Exhibit Particularsta Page No.

1 Synopsis.

2 Criminal Application

3 A Copy of the Complaint filed in

Baramati City Police Station.
4 B Copy of the Chargesheet.

5 C Copy of the said bail Application

6 D Copy of the order dated 26.07.2021

passed by wherein Ld. Additional.
 Sessions Judge, Baramati.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. OF 2021.

DIST: PUNE

XXX.
Age – 22 year, Occ: Labour,
R/at Near S.T Stand, Baramati,
Dist. Pune, ……… APPLICANT

V/S

The State of Maharashtra. ……….RESPONDENT

SYNOPSIS
1. Challenge in Brife:-

By the present application Applicant is seeking Regular Bail under

section 439 of Cr.P.C. The Applicant is challenging the order dated

26/07/2021 rejecting the bail application passed by Additional

Sessions Court, Baramati in Criminal bail Application.

 LIST OF DATES

Sr. No Date Particulars

1. 13.04.2021 Incidence took place

27.05.2021
2. Complaint lodged by the complainant

The F.I.R registered and Chargesheet

3. 27.05.2021 crated and arrested the Applicant
Bail Application was filed
4. 16.07.2021
26.07.2021 Bail but rejected bail for Applicants
5.

Points to be urged:
1. That there is no material against the present Applicant to show their
involvement in the alleged crime.

2. Humongous delay in lodging the complaint as alleged incident has

taken place on 13/4/2021 and the FIR was registered on 27/05/2021
which is almost 45 days after the alleged incident.
3. FIR shows that many false averments are made

ACTS REFEERRED:

1. CODE OF CRIMINAL PROCEDURE, 1973.

2. INDIAN PENAL CODE, 1860
3. INDIAN EVIDENCE ACT 1872

CASE LAWS TO BE CITIED:

AT THE TIME OF HEARING

DATE ADV. OF
PETITIONER

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. OF 2021.

DIST: PUNE

IN THE MATTER OF SECTION 349 OF

CODE OF CRIMINAL PROCEDURE;

AND

IN THE MATTER OF SECTION 354-A,

354-D, 363,342,376,504,506 READ
 WITH SECTION 34 of INDIAN PENAL
CODE, 1860;

AND

IN THE MATTER OF CR NO.

I-ABC/2021 REGISTERED AT THE
BARAMATI CITY POLICE
STATION,DIST PUNE.

XXX.
Age – 22 year, Occ: Labour,
R/at Near S.T Stand, Baramati,
Dist. Pune, ……… APPLICANT

V/S

The State of Maharashtra. ……….RESPONDENT

 TO,
THE HON’BLE THE CHIEF JUSTICE AND OTHER
COMPNION JUGES OF THEIS HON’BLE COURT OF
JUDICATURE AT BOMBAY.

APPLICATION OF THE APPLICANT/

APPELLANT ABOVENAMED.

MOST RESPECTFULLY SHEWETH:

It is humbly submitted on behalf of Applicant above

named as under:-

1. That the Applicants are the original Accused Nos.1 in

connection with C.R. No. I-ABC/2021 of 2021 registered with
Baramati City Police Station for offence punishable under
section 354-A, 354-D, 363, 342, 376,504,506read with section
34 of Indian penal code, 1860. Upon the complaint lodged by
the complainant on 00.05.2000. Hereto annexed and marked
as EXH A is the copy of the Complaint filed in Baramati City
Police Station.

2. The Applicant States further that the first informant has filed
the abovementioned complaint on 00.05.2000 against the
applicant and one other persons. The Case of the Prosecution
has made out in the FIR. Hereto annexed and marked as EXH
 B is the copy of the Complaint filed in Baramati City Police
Station.

3. It is alleged in the FIR that victim girl was she residing with
her family at Amari, Baramati. It is alleged that she reside on
the address mentioned in the FIR. The accused No.1 lives near
her house, therefore the complainant and Accused No.1, they
ware knowing each other before mentioned incidence
happened. It is alleged in the complaint that accused No.1 in
couple of incidence followed complainant and wanted to speak
to her and do friendship with her. On1 st February 2021,
around 2.00 p.m. accused no.1 was followed her on
motorcycle and Accused no.1 expressed his love for her and
asked for Mobile number which initially she has refused to
share Mobile number with accused no.1 but accused no.1
again followed her and threatened her to tell bad things to her
parents. Therefore the complainant and expressed his desire
to marry her. As per complainant on 12.02.2021 same thing
happened when the complainant was going towards T.C
College for her work. Accused no.1 come there on motorcycle
and compelled complainant to sit on his motorcycle. The
complainant resisted for same but accused no.1 abused her
and threatened her, therefore she sat on his motorcycle. The
accused No.1 took her to the house of Accused No.2 and asked
Accused No.2 locked house from the outside. The Accused
No.1 gave her water to drink and complainant felt unconscious
and complainant said Accused no.1 committed sexual
intercourse with the complaint. The accused no.1 took
photographs of the victim and threatened to make viral.
Therefore the complainant went to her house. On 13.04.2021
about 9.00 am the complainant was going to Varad Hospital.
The Accused no.1 come on motorcycle and asked her to sit on
 motorcycle and threatened her to make her photographs viral.
The complainant sat on his motorcycle. The accused no.1 took
her to a secluded place near Baramati Hospital and assaulted
her. Thereafter the accused no.1 took her to the house of
Accused No.2 and again committed sexual assault on the
complainant. Complaint also alleged that the marriage of the
complainant was fixed and accused No.1 come to know about
the said fact. Thereafter accused no.1 threatened to make viral
the photos and videos of her in public and in law family
members and result of which complainant consumed sterlin
sanitizer to commit suicide. She was admitted to hospital.
After being discharged from hospital 00.05.2000 she lodges
the present complaint. With these allegations C.R
No.I-ABC/2000 registered with Baramati City Police Station
for the offence punishable under section 354-A,354-
D,363,342,376,504,506 read with 34 of IPC against the
accused no.1.

4. The investigating officer thereafter conducted panchnama and

recorded statements of various witness. During course of the
investigation, police have seized the muddemal properties and
arrested the Applicant on 00.05.2000. The police initially
obtained his police custody remand and then remanded to
magistrate custody. After completion of investigation, charge
sheet is filed. Hereto annexed and marked EXH B is the copy
of the Chargesheet.

5. The Applicant states that after filling of chargesheet, the

Applicant filed Bail Application in the Additional Sessions
Court
at Baramati. Hereto annexed and marked EXH C is a copy of
the said bail Application wherein Ld. Additional. Sessions
 Judge, Baramati vide order dated 00.05.2000 rejected the said
application. Hereto annexed and marked EXH D is copy of the
order dated 00.05.2000.

6. Being aggrieved and dissatisfied with the order of rejection of

bail application, the applicant approaches this Hon’ble court
to exercise of power under section 439 of the Code of Criminal
Procedure, release the present Application on bail on the
following amongst other grounds, which are being urged
without prejudice to each other.

GROUNDS

7. The present applicant is absolutely innocent and not

committed any offences must less the alleged one.

8. The present applicant is implicated by prosecution in present

in the present case.

9. There is no material evidence against the present applicant to

show their involvement in the present crime.

10. That the Applicant is not committed any offence but he is

falsely implicated by the complainant.

11. That as per the allegation levelled by the complainant

there is more than 2-3 months delay in lodging the FIR.

12. The investigation is completed and charge sheet is filed

so there is no need of custodial interrogation of the Applicant
13. The Applicant is ready to furnish solvent sureties.

14. That the Applicant will not tamper with the prosecution
witness and will abide all terms and conditions which this
Hon’ble Court impose upon him while releasing on bail.

15. At present applicant is in jail filling of affidavit in support

of this application may kindly be dispensed with.

16. Ant other just, equitable and consequential relief/order

may kindly be passed in favour of the Applicant as this
Hon’ble Court may deem fir and proper in the interest of
justice.

17. The Applicant , therefore, most humbly and respectfully

pray that:-

a. This Hon’ble may be please to release the present

applicant on bail in connection with offence registered
vide C.R No.I-291/2021 registered with Baramati City
Police Station such term and conditions as this Hon’ble
Court may deem fit and proper.
b. For such other and further order as this Hon’ble Court
may deem fit and proper in the facts and circumstances
of the present case.

AND FOR THIS ACT OF KINDNESS THE RESPONDENT

ABOVENAMED AS IN DUTY BOUND SHALL EVER PRAY

Place :

Date :
Advocate for Respondent

VERIFICATION

I, XXX , the Accused No.1 above named do hereby

state on solemn affirmation that whatsoever is stated
hereinabove except the legal submissions is true to my
own knowledge and I believe the same be true.

Solemnly Affirmed at Mumbai

On this day of Nov, 2021.

(Applicant )

Identified and explained by me.

Advocate for Respondent.