- (1.)The appellant is seeking anticipatory bail in connection with crime no. 165 of 2021 registered with Karmad Police Station, District Aurangabad for the offence punishable under Sections 376(2)(n), 323, 504, 506 of IPC and under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2), 3(v), 3(2)(va) of S.C. and S.T. (Prevention of Atrocities )Act, 1989. His application with similar prayer came to be rejected by the Special Judge, Aurangabad by order below Exhibit-1 in Criminal Bail Application No.782 of 2021 dated 05.07.2021. The appellant has preferred this appeal in terms of the provisions of Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.)Learned counsel for the appellant submits that the appellant is 47 years of age. Whereas, the victim is 30 years of age. The appellant is a married person. It appears from the allegations made in the complaint that there were consensual sexual relations between the appellant and the victim. In the year 2016 i.e. on 03.06.2016, for the first time they had developed consensual sexual relations and thereafter, the said relations remained continued till filing of the complaint. Learned counsel submits that the appellant and the victim are from the same village, knowing each other since long. The learned counsel has pointed out that though there are allegations of termination of pregnancy, however, there is no evidence about the same. There are no antecedents. The appellant is ready to co-operate with the investigation agency in carrying out further investigation into the crime. The appellant is also ready to abide by the conditions, if any, imposed by this Court.
(3.)Learned counsel for the appellant submits that the informant has filed the complaint in respect of the incident allegedly occurred on 27.03.2021 and on the basis of her complaint, N.C. came to be registered in the concerned police station. It has been alleged in the said complaint that appellant alongwith his family members threatened and abused her in the agricultural field. Learned counsel has pointed out that vide Exhibit F (page No.70), respondent no.2-informant has given her statement to the police stating therein that she has withdrawn the said complaint. Furthermore, on 27.03.2021, the father of the informant has given his statement denying the incident as alleged in the said N.C. complaint. Learned counsel submits that the appellant may be released on anticipatory bail.