Published On : Wed, Apr 7th, 2021

Nagpur HC grants interim bail to man accused of sexually assaulting woman

Nagpur Bench of Bombay High Court

Nagpur: The Nagpur Bench of Bombay High Court has granted ad interim anticipatory bail to a man accused of sexually assaulting a woman. Justice Rohit Deo granted the relief to Pankaj Dilip Lokhande, resident of Kolori, Dist Buldhana.

Lokhande was booked for the alleged offence punishable under Sections 354, 354A, 354D, 452, 323, 504, 506 of the Indian Penal Code registered with Police Station, Dabki Road, Akola vide Crime No. 53/2021 upon the complaint of a woman.

In short the prosecution case as emerged from the perusal of the FIR is that, complainant is aged about 35 years and she is already married. It is further stated by the complainant that she was initially married to one Rameshwar Tayde but as there was dispute between them therefore she has obtained divorce from Rameshwar and in the year 2019 she has got married to Arun Lipte. But again there was a dispute between complainant and Arun and therefore she has been residing separately from him since the year 2020. The complainant further alleged that her father owned 5 acres of land and after his death there were five claimants to the land and therefore she has got her share of 1 acre of land. It is further alleged by the complainant that she met with Pankaj Lokhande and requested him to give a mobile number of advocate for mutating the land in her name.

The complainant further said that applicant gave mobile number of one Adv More. It is alleged that Adv More quoted fees of Rs 30,000. She gave Rs 15000 to the applicant to be handed over to Adv More. But it is alleged that, applicant has given only Rs. 4000 to Adv More and therefore the complainant demanded back Rs 11000 from applicant. Therefore the applicant threatened and abused her. Subsequently, the complainant has given a report to the police station on 15-2-2021. That since then the applicant is continuously making phone calls to her and harassing her mentally and physically. That, 19-2-2021, present applicant has entered into the house of complainant and when mother of her was not at home and thereafter asked her if she will marry him. The complainant told the accused that she is the mother of a 13-year old girl and she cannot marry him. It is alleged that, accused caught hold of her and molested her. On her cries, when her mother came home, the accused fled from the house of the complainant.

It was submitted that Pankaj is aged 26 years and complainant is aged 35 years and she has obtained divorce twice from her earlier husbands. It is submitted that, complainant has made advances towards the accused and started a relationship with him. It is submitted that, complainant was continuously in touch with the applicant on Whatsapp and phone calls and she used to chat with the applicant on Whatsapp which shows the nature of relationship between them.

It was further submitted that, mother of the complainant was opposed to the relationship between complainant and accused. That applicant used to go to the house of the complainant frequently to meet her. That, on the fateful day, the mother of the complainant saw the applicant at her home and therefore an instant report came to be filed by the complainant under the pressure of her mother.

It was submitted that the nature of relationship between applicant and complainant is consensual and no offence as alleged by complainant has been committed by applicant.

Adv Mir Nagman Ali appeared for Pankaj Lokhande.