{1} BA 1874 OF 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1874 OF 2024 . Walmik Narsing Pawar @ Patil Age: 69 years, Occu.: Agriculture, R/o. Village – Kajgaon, Taluka – Bhadgaon, Dist.Jalgaon. ….Applicant Versus 1. The State of Maharashtra Through Superintendent of Police, Jalgaon, Taluka & District – Jalgaon. 2. The Investigation Officer of Dharangaon Police Station, Taluka – Dharangaon, District – Jalgaon. 3. XYZ …..Respondents ….. Advocate for Applicant : Mr. Jitendra Vijay Patil APP for Respondent nos.1 & 2 : Mr.C.V.Bhadane Advocate for Respondent no.3 : Mr. Y. L. Bidve (Appointed Thr. Legal Aid) ….. CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 09 JANUARY, 2025 PRONOUNCED ON : 10 JANUARY, 2025 ORDER : 1. Applicant has applied for grant of regular bail on account of registration of Crime bearing no.0108 of 2024 registered at 2025:BHC-AUG:695 {2} BA 1874 OF 2024 Bhadgaon Police Station, District Jalgaon for offence under Sections 376(2)(j), 376(2)(l) and 354 of the Indian Penal Code. 2. Pointing to the FIR, learned Counsel for the applicant submitted that there are allegations of commission of above offence on the lady, who is 39 years old. According to him, she is claimed to be a differently abled i.e. mentally retarded person. That whatever communications she made are by mode of gestures. He pointed out that there is no supportive or corroborative medical evidence. That FIR is by sister-in-law, however, there is no eye witness. That applicant is behind the bars since April 2024 and hence, relief of bail is urged for. 3. Opposing the above application, learned APP and learned Counsel for the victim pointed out that victim is mentally challenged lady. That disadvantage of her such condition has been taken. That there is medical certificate. That sister-in-law, who has allegedly seen the incident, has set law into motion. That considering the serious crime committed on a differently abled lady, learned APP prays to reject the application as according to him, there is every possibility of {3} BA 1874 OF 2024 misuse of liberty, more particularly, as applicant happens to be residing just infront of house of victim. 4. Heard. Perused the FIR dated 02-04-2024. Informant seems to be sister-in-law of victim, who is mentally challenged. She has reported that on 01-04-2024, when she and her family had been to the Bazar, her sister-in-law was alone at the house. When they returned from the Bazar, they spotted victim coming out of the house of applicant i.e. pulling up her undergarment. She claims to have questioned her sister-in-law, who while weeping, refused to come inside the house. After arrival of informant’s husband, when victim was taken in confidence, it is alleged that she made gestures while crying i.e. gestures of her undergarment being removed, fondling her breast and having sexual intercourse and thereafter, started weeping loudly. On above report, crime seems to have been registered. 5. Applicant is arrested on 02-04-2024 i.e. on the very next day of the incident. Bail is sought on the grounds that there is no direct or convincing evidence and secondly, there are no injuries on the person of the victim. It is pertinent to note that applicant does not dispute {4} BA 1874 OF 2024 that victim is mentally challenged person. Sister-in-law has spotted victim coming out of house of accused, who resides infront of house of victim. Thereafter, on being questioned, victim seems to have communicated by making gestures. Though, medical examination papers show that there are no injuries, medical expert has opined that possibility of sexual assault cannot be ruled out and final opinion is kept pending till receipt of FSL report. Thus, FSL report is not yet received. In the light of above discussion and more particularly, victim, who is certified to be a mentally challenged person, taking the nature of accusations into consideration, it is not a fit case to grant bail. Hence, the following order : ORDER Bail Application No.1874 of 2024 is rejected. ( ABHAY S. WAGHWASE ) JUDGE SPT