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Bhiwandi Court Denies Former BJP MLA Anticipatory Bail
A court in Bhiwandi refused to protect former MLA Narendra Pawar from being arrested before trial.
He and another man, Shailesh Patil, are accused of gangraping a woman.
The woman said she was taken to a farmhouse and threatened with a pistol.
Pawar’s lawyers said the relationship was consensual and that he had been falsely accused.
They also pointed to a three-day delay in reporting the incident.
Prosecutors said the delay could be explained by fear and trauma.
The judge said consent is not valid when someone is threatened.
The court also said investigators need to question the accused in custody and gather evidence.
A Bhiwandi court rejected former BJP MLA Narendra Pawar’s anticipatory bail plea in a gangrape case.
The court said the allegations were grave, a prima facie case existed, and custodial interrogation was necessary.
Pawar and Shailesh Patil allegedly raped a woman at a Bhiwandi farmhouse after threatening her with a pistol.
Pawar’s defence argued the relationship was consensual, the case was politically motivated, and the FIR was delayed by three days.
The court rejected those claims, saying consent obtained through threats is invalid and citing the complainant’s video recording.
- Who
- Former BJP MLA Narendra Pawar and Shailesh Patil are accused; a woman is the complainant.
- What
- A Bhiwandi court rejected Pawar’s anticipatory bail application in an alleged gangrape case.
- Where
- The alleged assault occurred at a farmhouse in Bapgaon, Bhiwandi, in Thane district; the bail plea was heard in Bhiwandi court.
- When
- The alleged incident occurred on September 13; the bail ruling was issued on a Monday, with no date specified.
- Why
- The court cited the seriousness of the allegations, a prima facie case, and the need for custodial interrogation.
Prosecution and Court
Defence
Need for custody
Prosecution and Court
The prosecution and court said custodial interrogation was necessary for an effective investigation and recovery of evidence.
Defence
The defence sought anticipatory bail and argued that Pawar was innocent and falsely implicated.
Consent and coercion
Prosecution and Court
The court held that consent obtained under a firearm threat or other coercion is invalid and cited the complainant’s secret video recording.
Defence
Pawar’s counsel claimed the sexual relationship was consensual.
Delay in reporting
Prosecution and Court
The prosecution said the three-day FIR delay was understandable because the complainant was traumatized and afraid of an influential former MLA and an armed police official.
Defence
The defence argued that the delay created reasonable doubt and pointed to the complainant’s later visit to Pawar’s house for Ganpati celebrations.
Key facts
- Court
- Additional Sessions Judge NK Karande in Bhiwandi
- Accused
- Narendra Pawar and Shailesh Patil
- Alleged location
- A farmhouse in Bapgaon, Bhiwandi
- Alleged threats
- The complainant said she was threatened with a pistol.
- Investigation needs
- Authorities cited the need to recover a pistol, vehicle, mobile phones, and farmhouse CCTV footage.
- Charges
- Rape, gangrape, criminal intimidation, common intention, and other offences under the Bharatiya Nyaya Sanhita and Arms Act.
Sources
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