MHNS010052152020 Order below Exh.1 in Cri. Bail Application No.1814/2020.

{ Aakash Eknath Dagale Vs. State }

This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.

2.Brief facts giving rise to this application can be narrated as follows.

The applicant came to be arrested on 18/12/2020 in Crime No. 299/2020 for the offence punishable under sections 363, 366­A, 376(2)(j) of the Indian Penal Code and 4 and 8 of the Protection of Children From Sexual Offences Act registered with Dindori Police Station, Nashik on the accusation that on 08/12/2020, the applicant­accused kidnapped the victim – a minor from the keeping of her lawful guardian and thereafter, committed aggravated penetrative sexual assault on her and thereby committed an offence.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. According to applicant, the recitals of FIR prima­facie shows that the victim had left her father’s protection voluntarily with her belongings to go to the accused and then joined his company voluntarily. They were in love with each other. There was no force or violence at the hands of applicant. He has no criminal antecedents. He is behind bar from the date of his arrest. Investigation is almost completed. Nothing is to be recovered or discovered from him. Therefore, his further detention is not necessary for the purpose of investigation. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.

4.To support his argument, he relied on the ratio laid down in Sunil Madhav Patil Vs. State of Maharashtra reported in 2015 DGLS (Bom.) 433. In this case, the Hon’ble High Court has given some guidelines or factors to be considered while dealing with bail application in such cases. They are as follows :

(i) What is the age of prosecutrix who is a minor ?

(ii) Whether the act is violent for not ?

(iii) Whether there are antecedents or not ?

(iv) Whether the offender is capable of repeating the act or not ?

(v) Whether there is likelihood of threats or intimidation, if at all, the boy is released ?

(vi) Whether any chance of tampering the material witnesses when their statements are recorded ?

(vii) It is also to be taken into account in such cases that a boy in his early 20’s deserves to get employment and to plan, stabilize and secure his future.

5.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence. The victim is minor and the offence is serious. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

6.Heard learned advocate Mr.Rayate appearing on behalf of the applicant and learned A.P.P. Smt.Patil. I have also perused the investigation papers made available by the Investigating Officer as well as the documents filed by the applicant. Prima­facie, it appears from the FIR that at midnight of 08/12/2020, the victim­a minor had left her parents house with her belonging and documents. Thereafter, the
applicant and the victim were found at Kokangaon, Tal.Dindori, Dist. Nashik. Thus, the conduct of victim is indicative of the fact that she had left her parents house voluntarily and joined the accused out of her love and affection for him. The victim is of 17 years old means at the verge of majority. She had sufficient knowledge and capacity to know the full import of what she was doing and had voluntarily joined the accused. Therefore, the possibility of consensual physical relations cannot be ruled out. I have also gone through the case law cited by the learned advocate appearing for the applicant. In my humble opinion, the observations made therein by the Hon’ble High Court will come to the help of applicant.

7.Nothing is to be recovered or discovered at the instance of applicant­accused. The applicant is behind the bar from the date of his arrest. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till filing of the charge­sheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. The age of applicant is hardly 22 years. He has no criminal antecedents. Considering the aforesaid facts, I am of the opinion that the applicant has made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Applicant­Aakash Eknath Dagale be enlarged on bail, in Crime No. 299/2020 for the offence punishable under sections 363, 366­A, 376(2)(j) of the Indian Penal Code and 4 and 8 of the Protection of Children From Sexual Offences Act registered with Dindori Police Station, Nashik, on furnishing personal bond of Rs.30,000/­ with one or two sureties in like amount.

3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the charge­sheet and cooperate in further investigation.

6 He shall not live in the vicinity of the victim or shall not come in her contact, in any manner, till the conclusion of trial.

7 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2021.01.04 Jadhav
15:26:43 +0530 ( Smt. S.C. Jadhav ) 1st January, 2021. Additional Sessions Judge­ 8, Nashik.