Published On : Mon, Jun 29th, 2020

Bombay HC grants anticipatory bail to rape accused with condition to give blood and semen sample for DNA profiling

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Justice MG Giratkar has granted anticipatory bail to Santosh Limbaji Pote. Santosh was apprehending his arrest as he was falsely implicated in crime No. 160/2020 registered with PS Pusad Rural, Dist Yavatmal punishable under sec 376 (2) (n) of IPC.

It was alleged by the complainant that, she was having love affair with the applicant and on 5-09-2019 her father had seen her talking with the applicant and suggested lodging of FIR but as complainant was having love on applicant, she did not lodge FIR. It is alleged that, when, on 8-09-19, applicant promised complainant to marry her and requested her to live with him as husband and wife and therefore complainant started living with applicant as husband and wife.

That, it is alleged that, applicant has indulged into numerous sexual encounter with her and he used to dodge her when questioned marriage. That, on 8-04-2019, present applicant refused to marry complainant alleging that he was not having money and therefore complainant went to her father’s place and thereafter she
has lodged instant FIR.

It was submitted that, complainant has suppressed material facts while lodging FIR. That, applicant and complainant were in consensual relationship and they wanted to marry each other. It is submitted that, therefore on 8-09-19, applicant had married complainant in front of relatives. However, said marriage was opposed by relatives of complainant and therefore out of caution applicant and complainant had sworn affidavit dated 3-10-2019 certifying the fact of marriage on 8-09-19.

It was submitted that, there is delay of 8 days in lodging the FIR which itself shows that, instant story is concocted and afterthought story.

While granting anticipatory bail, court directed accused to give his blood and semen sample for DNA profiling.

Adv Mir Nagman Ali appeared for Santosh pote.