1
Cri.BailAppln.No.1352/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1352/ 2022
Ajay Kachru Gangurde
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Adgaon Police St.
Nashik. (Cr. No. 220/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Ajay Kachuri Gangurde claims
bail in C.R. No.398/2022 for the offences punishable under Sections
363, 376(2)(N) of the Indian Penal Code read with under Sections 4,
6 & 12 of the POCSO Act registered with Panchavati Police Station,
Nashik.

2.

Heard
Learned
Advocate
Shri.R.D.

Avhad
for
the
applicant and learned A.P.P. Mr. Kotwal for the State. Perused the
papers of investigation. Victim is present. Informant/mother of victim
has filed her say vide Exh.6 and resisted the application.

3.

It is the case of the prosecution that the applicant induced
minor victim kidnapped her and thereby had sexual relations with
her.

4.

On perusal of record, it reveals that initially missing
report is lodged on 09/10/2022 with the contention that on 08/10/2022
at about 2.00 p.m. victim age of 17 years left the house without giving
any intimation to her family members and did not return. Thus, it is
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Cri.BailAppln.No.1352/22­Ex.1
apparent that the victim left her house on her own. She was recovered
from the custody of the applicant. It is the contention of the Ld.
Advocate for applicant that the applicant and victim were engaged in
love affair. She herself insisted the applicant to ran away from the
house. The victim is 17 years old. She is on the verge of majority.
Applicant is also a young boy of 27 years old. There are no allegations
against the applicant that he acted violently against the victim.

5.

Howsoever it may be, record reflect that applicant came to
be arrested on 12.10.2022. Now, there is no any recovery or discovery
as such remain from the applicant. Physical custody of the applicant is
thus no more required for investigation. According to ld. Advocate for
the applicant, the applicant has no criminal antecedents and he is
local resident. He 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 Ajay Kachru Gangurde
arrested in C.R. No.398/2022 for the offences
punishable under Sections 363, 376(2)(N) of the
Indian Penal Code read with under Sections 4,
6 & 12 of the POCSO Act registered with
Panchavati 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 the prosecution
evidence in any manner.

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Cri.BailAppln.No.1352/22­Ex.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 : 07.11.2022.

Digitally
signed by
ADITEE UDAY
KADAM
Date:
2022.11.09
11:06:27 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.