September 19, 2021 12:44:34 am
The Bombay High Court recently granted pre-arrest bail to a head constable of the Thane Police, booked for the rape of his subordinate, stating that his custodial investigation was not required as he had complied with its earlier directives, including submitting his cellphone that had objectionable content of the woman.
A single judge bench of Justice Prakash D Naik was on September 13 hearing the anticipatory bail plea filed by Premsagar Wagh, apprehending arrest in connection with the FIR registered against him on May 21 on charges of raping a police constable and criminal intimidation under the Indian Penal Code (IPC).
As per the prosecution, the woman was allegedly harassed and sexually assaulted multiple times since January by Wagh.
Advocate Shadab B Khopekar, appearing for Wagh, said that his client has been falsely implicated. He added that prosecution’s case is based on presumption, and even assuming that the allegations are true, the relationship was consensual
and the FIR has been registered for some other reason. The arrest of his client would jeopardise his employment, Khopekar said.
He further said that there was a delay in filing of the FIR and it had several discrepancies. While WhatsApp chats between Wagh and the woman showed their relationship was cordial, she was undergoing stress after fighting with her husband, Khopekar added.
The bench noted that the applicant was granted interim protection by the HC on June 21 and was directed to appear before the investigating officer. “The said directions have been complied. The applicant has provided a cellphone to the investigating officer as directed by this court and hence, custodial interrogation of the applicant is not necessary,” it added.
“In the event of the arrest of the applicant… he be released on bail on furnishing personal bond of Rs 25,000 with one or more sureties in the like amount,” Justice Naik noted and asked the applicant to co-operate with the probe. The court also directed him not to approach the complainant or intimidate her in any manner.
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