The Single Judge Bench of the Bombay High Court, comprising Justice N R Borkar in the case of Ramkrshna S. Kumbhar v The State of Maharashtra & anr has dismissed the anticipatory bail application of the accused who made on the ground of delay for two days in lodging the FIR.
Facts of the Case
The applicant was working at the Vada Pav stall of the complainant. One day, for the requirement of the grocery for the Stall, the applicant asked complainant to accompany his daughter with him for bringing grocery. Afterwards, it is alleged that when the applicant and the victim came back at the complainant’s stall the victim was crying and on being asked as to why she was crying the victim disclosed to her that the present applicant did wrong thing with her i.e., four times pressed her breast.
Submission of the Applicant
The Counsel on the behalf of the applicant submitted that that there is delay of two days in lodging the FIR and a false complaint had been lodged as the dispute arose between the complainant and the applicant on account of sharing of profit. It was thus submitted that the applicant may be released on anticipatory bail.
Submission of the Complainant
The learned APP on the behalf of the complainant submitted that the applicant was involved in serious case of sexual assault and considering the nature of offence, the applicant may not be released on anticipatory bail.
Reasoning and Decision of the Court
The Court after hearing the submissions of both parties observed that in a case like this, i.e., of outraging the modesty of minor girl or sexual assault there is always reluctance to go to the police station and to lodge the report.
The Court also averred its view that “In my view, the case of the prosecution, therefore, cannot be doubted just because there is delay of two days in lodging the report. Prima facie, the defense of the applicant that false report came to be lodged against him does not appears to be probable.”
Considering the facts and the circumstances of the case, the Court was not inclined to release the applicant on anticipatory bail and rejected the Anticipatory Bail Application.
Case Details
Case:- ANTICIPATORY BAIL APPLICATION NO. 3000 OF 2022
Petitioner:- Ramkrshna S. Kumbhar
Respondent:- The State of Maharashtra & anr
Counsel for the Petitioner - Mr. Satyavrat Joshi
Counsel for the Respondent - Mr. Yurvraj R. Dhole
Judge: Justice N R Borkar
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
0 Comments