Case Note & Summary
The applicant, Nitesh Raghunath Lahange, filed a second bail application before the Bombay High Court seeking release in connection with Crime No. I-105 of 2022 registered at Boisar Police Station, Palghar, for offences under Sections 376(D), 366, 506 read with 34 of the Indian Penal Code, 1860. The first bail application was withdrawn with liberty to file afresh after a reasonable period if no substantial progress in trial. The present application was filed on 18 November 2024, about ten months after the withdrawal. The prosecution case, as per the FIR dated 7 March 2022, was that the victim was invited by her fiancé to a marriage function, and in the early hours of 7 March 2022, the applicant along with three other co-accused dragged her to a canal area and committed gang rape. The applicant was arrested on the same day, and charge-sheet was filed on 11 May 2022. The applicant argued that he had been incarcerated for about three years with no progress in trial, violating his fundamental right to speedy trial, and that the material on record did not implicate him. The State and the victim opposed bail, highlighting the seriousness of the offence, the medical evidence, and the victim's identification of the applicant in a Test Identification Parade. The court noted that the material on record, including the FIR, victim statement, TIP, and medical evidence, prima facie showed the applicant's involvement. The court also observed that the charge had been framed on 5 February 2025, and the State undertook to expedite the trial. Considering the nature and gravity of the offence, the possibility of witness tampering as the applicant and victim resided in the same village, and the fact that the trial had commenced, the court held that no case for bail was made out on merits or on the ground of speedy trial violation. The bail application was rejected, but the court directed the trial court to expedite the trial and complete it within one year from the date of the order.
Headnote
A) Criminal Law - Bail - Gang Rape - Section 376(D), 366, 506 r/w 34 IPC - Parameters for grant of bail - Court considered nature and gravity of offence, prima facie evidence including FIR, victim statement, TIP, and medical evidence - Held that material on record prima facie shows involvement of applicant, and possibility of tampering with witnesses cannot be ruled out as applicant and victim reside in same village (Paras 10-15).
B) Criminal Law - Speedy Trial - Fundamental Right - Incarceration for three years - Offence of gang rape under Section 376(D) IPC - Charge framed on 05.02.2025 - State undertakes to expedite trial - Held that seriousness of offence outweighs delay, and no case for bail on ground of speedy trial violation (Paras 16-18).
Issue of Consideration
Whether the applicant is entitled to bail on merits and on the ground of violation of right to speedy trial due to incarceration for about three years.
Final Decision
Bail Application No.4723 of 2024 is rejected. The trial court is directed to expedite the trial and complete it within one year from the date of the order.
Law Points
- Bail considerations
- Nature and gravity of offence
- Prima facie evidence
- Speedy trial
- Gang rape
- Section 376(D) IPC
- Parameters for bail
- Ram Govind Upadhyay principles
Case Details
2025 LawText (BOM) (03) 202
Bail Application No.4723 of 2024
Mr. Gautam T. Kanchanpurkar (for Applicant), Mr. Vivek Arote (Legal Aid Counsel for Respondent No.2), Ms. P. P. Bhosale (APP for State)
The State of Maharashtra & Anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal bail application in a gang rape case
Remedy Sought
Release of the applicant on bail pending trial
Filing Reason
Applicant sought bail on merits and on ground of violation of right to speedy trial due to incarceration for about three years
Previous Decisions
First bail application (Criminal Bail Application No.56 of 2024) was allowed to be withdrawn on 08.01.2024 with liberty to file afresh after reasonable period if no substantial progress in trial
Issues
Whether the applicant is entitled to bail on merits considering the nature and gravity of the offence and prima facie evidence?
Whether the applicant is entitled to bail on the ground of violation of fundamental right to speedy trial due to incarceration for about three years?
Submissions/Arguments
Applicant submitted that he has been incarcerated for about 3 years with no progress in trial, violating his right to speedy trial, and that material on record does not implicate him.
State and victim opposed bail, submitting that the offence is serious (gang rape), medical evidence and TIP support prosecution, and there is possibility of witness tampering as applicant and victim reside in same village.
Ratio Decidendi
In considering bail for a gang rape offence under Section 376(D) IPC, the court must weigh the nature and gravity of the offence, prima facie evidence, and possibility of witness tampering. The right to speedy trial, though fundamental, does not automatically entitle an accused to bail where the offence is serious and trial has commenced with charge framed, especially when the State undertakes to expedite the trial.
Judgment Excerpts
As per the settled legal position the following parameters are inter alia required to be taken into consideration while considering prayer for grant of bail :- a) Nature and gravity of circumstances in which offence was committed; b) Position and status of accused with reference to the victim and the witnesses; c) Likelihood of accused fleeing from justice; d) Likelihood of accused tampering with witnesses; e) History of the case as well as of its investigation.
The material on record including the F.I.R. and the statement of the victim supports the prosecution case. In the Test Identification Parade the victim has identified the Applicant. The medical evidence also supports the prosecution case.
Therefore, no case is made for grant of bail on merits.
Insofar as the contention of Mr. Kanchanpurkar... that there is a violation of the Applicant’s fundamental right to speedy trial due to incarceration for more than three years, it is required to be noted that the offence is very serious where the victim has been subjected to ‘Gang Rape’ by the Applicant and three other accused.
Procedural History
FIR registered on 07.03.2022; applicant arrested same day; charge-sheet filed on 11.05.2022; first bail application (Criminal Bail Application No.56 of 2024) withdrawn on 08.01.2024 with liberty to file afresh; present bail application filed on 18.11.2024; charge framed on 05.02.2025; bail application heard and rejected on 17.03.2025.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376(D), 366, 506, 34
