1
Cri.BailAppln.No.1017/22Ex.1
Order below Exh.1 in Cri. Bail Application No.1017/ 2022
Aditya @ Akky Jagatsingh Khari .. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Gangapur Police St.
Nashik. (Cr. No. 151/2022)
.. Respondent.
Order below Exh. 1
1.
The applicant/accused Aditya @ Akky Jagatsingh
Khari claims bail in C.R. No. 151/2022 for the offences
punishable under Sections 363, 366, 323 of the Indian Penal
Code and under Sections 8 & 12 of the POCSO Act registered
with Gangapur Police Station, Nashik.
2.
Heard Learned Advocate Shri A.S.Deshmane, for the
applicant and learned A.P.P. Smt. Sangale for the State. The
Victim is present before the Court and filed her say vide Exh.6.
Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant
induced minor victim, kidnapped her and had sexual relations
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Cri.BailAppln.No.1017/22Ex.1
with her without her valid consent.
4.
On perusal of record, it reveals that missing report
was lodged by the father of minor victim on 27.07.2022.
It is
mentioned therein that the minor victim left her hostel on her
own on 25.07.2022 at about 08.30 pm. But she did not reach her
house at Nandurbar.
Her phone was switched off.
Thus,
averments in the report reflects that the minor victim left her
hostel on her own.
She was found in the company of applicant
accused on 05.08.2022.
It is the contention of prosecution that
during the period, victim was with the applicant and he has
outraged her modesty.
There are no allegations that the
applicant sexually ravished the minor victim or acted violently
against her.
5.
Howsoever it may be, it reveals from record that
applicant came to be arrested on 05.08.2022. There is no any
recovery or discovery
as such remained from the applicant.
Physical custody of applicant is thus, no more required for
further investigation.
According to ld. Advocate for the
applicant, the applicant has no criminal antecedents.
ready to abide any conditions on grant of bail.
He is
Considering all
these aspects, this Court is of the view that applicant can be
released on bail by imposing certain conditions.
order.
Hence the
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Cri.BailAppln.No.1017/22Ex.1
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused
Aditya
@
Akky
Jagatsingh Khari arrested in C.R. No.
151/2022 for the offences punishable under
Section 363, 366, 323 of the I.P.C. and under
Sections 8 & 12 of the POCSO Act registered
with Gangapur Police Station, Nashik be
released on bail in the sum of Rs.15,000/
(Rupees Fifteen Thousand only) with a
surety in the like amount subject to following
conditions :
a] That he shall not tamper with
prosecution evidence in any manner.
the
b] Applicant is directed not to enter the
area/vicinity where the victim resides till end
of trial.
c] Applicant is directed to furnish his
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 20.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.20
17:59:14 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.