BANDU ALIAS JAYSINGH SHRIMANT WARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has approached this Court seeking regular bail in connection with FIR dtd. 21/6/2025 bearing Crime No. 685 of 2025 registered with Pathardi Police Station, Dist. Ahilyanagar for the offences punishable under Ss. 64(2)(i) and 64(2)(k) of the Bharatiya Nyaya Sanhita, 2023 and Ss. 92 of the Right of Persons with Disabilities Act.

(2.) The complaint came to be lodged with an assertion that the complainant is the husband of the victim, who is his second wife and is speech and hearing impaired. Due to a medical operation undergone by the complainant in December 2021, the informant has been physically incapable of sexual intercourse. Between April and May 2025 (approximately 6 to 7 months prior to the FIR). Unknown assailant entered the agricultural land and committed forceful sexual intercourse with the victim. The incident came to light around October 2025, when the complainant noticed the victim's enlarged abdomen. Upon questioning, the victim communicated the assault through signs and gestures. Subsequent medical examination at Beed confirmed the victim was 25 weeks pregnant. Consequently, the complainant lodged a complaint against the unidentified perpetrator, leading to the registration of the FIR.

(3.) It is further alleged that during the course of investigation, the supplementary statement of complainant was recorded implicating the applicant as the perpetrator. Consequently, the applicant was arrested on 17/9/2025 and remained in Police Custody Remand until 23/9/2025. He was subsequently transferred to magisterial custody and has remained incarcerated since that date.