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Cri.BailAppln.No.949/22Ex.1
Order below Exh.1 in Cri. Bail Application No.949/ 2022
Aditya Uttam Bhalerao
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Deolali Camp Police St.
Deolali Camp. (Cr. No. I 73/2022)
.. Respondent.
Order below Exh. 1
1.
The
applicant/accused Aditya Uttam Bhalerao
claims bail in C.R. No. I73/2022 for the offences punishable
under Sections 305, 376(2)(n),(j),(i) of the Indian Penal Code and
under Sections 3A & 4 of the POCSO Act registered with Deolali
Camp Police Station, Deolali Camp.
2.
Heard Learned Advocate Shri R.J.Kasliwal, for the
applicant and learned A.P.P. Smt. Jadhav for the State. The
informant also present and filed say at Exh.10. Perused the
papers of investigation.
3.
It is the case of the prosecution that applicant has
committed rape upon minor victim and thereafter, he has
refused to marry her and thereby abetted the commission of
suicide by her.
4.
Learned Advocate for the applicant submitted that
apparently, there was loveaffair between deceased and the
applicant.
If at all, case of the prosecution is accepted as it is,
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Cri.BailAppln.No.949/22Ex.1
there is no any overact by the applicant so as to instigate or abet
the commission of suicide by the victim.
Infact, deceased was
in the custody of her parents who scolded her as she was
engaged in loveaffair with the applicant.
There is no prima
facie evidence against the applicant that he has committed any
of the offence as alleged.
He is behind bar since one month.
Now, there is no any recovery as such remains from the
applicant.
Therefore, learned Advocate for the applicant
submitted that the applicant be released on bail.
5.
Per contra, the ld. APP resisted the application with
the contention that applicant has committed breach of promise
which amounts to instigation – abetment to commit suicide.
Victim was minor and thereby her consent for sexual relations
was immaterial. Applicant has committed a very serious crime.
If he would be released on bail, there is every possibility that he
may pressurize the informant and witnesses.
Thus, ld. APP
submitted that the application be rejected.
6.
On perusal of record, it reveals that there are
averments in the report that the informant caught the applicant
and the deceased in a compromising position and thereafter they
enquired with the applicant, who refused to marry the deceased.
This alleged incident happened on 01.07.2022.
minor victim has committed suicide.
On next day,
Abetment and instigation
are the key ingredient to attract offence under Section 305 of
IPC. Prima facie there is no evidence as to overt act by the
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applicant i.e. in the form of instigation or abetment to commit
suicide by the deceased.
That would be the subject matter of
fullfledged trial.
7.
Howsoever it may be, it reveals from record that
applicant came to be arrested on 04.07.2022. There is no any
recovery or discovery
as such remained from the applicant.
According to ld. Advocate for the applicant, the applicant has no
criminal antecedents. He is a young boy of 21 years old. He is a
local resident and is ready to abide any conditions on grant of
bail. Considering all these aspects, this Court is of the view that
applicant can be released on bail by imposing certain conditions.
Hence the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused arrested in C.R. No. I
73/2022 for the offences punishable under
Section 376(2)(j)(n), 366A, 114 of the I.P.C.
and under Sections 4, 8 & 12 of the POCSO
Act registered with MIDC Police Station,
Sinnar 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
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Cri.BailAppln.No.949/22Ex.1
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 : 06.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.10
16:36:41 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.949/22Ex.1