MHNS010053272020
Order below Exh.1
in Cri. Bail Application No.1824/2020.

{ Akash Gorakh Khairnar Vs. State }
This is second 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 29.10.2020 in Crime No.488/2020 for the offence punishable under sections 376(2) (1), 363 of the Indian Penal Code and sections 4, 8 and 12 of the Protection of Children From Sexual Offences Act registered with Upnagar Police Station, Nashik on the accusation that on 11.10.2020 applicant­accused kidnapped the victim­minor and from 12.10.2020 to 28.10.2020 at various places, he committed aggravated penetrative sexual assault on her and thereby committed offence.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. There is nothing on record to show his involvement in the commission of offence. The victim herself left her house as there was dispute in her family. He is behind bar from the date of his arrest. Investigation is completed and charge­sheet is filed against the accused. 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.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. 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.

5.Heard learned advocate Mr. A.C. Pradhan appearing on behalf of the applicant and learned A.P.P. Mr. Chandrakor. I have also perused the copy of charge­sheet made available by the applicant. The statement of victim is also recorded under section 164 of the Criminal Procedure Code, which prima­facie shows that the applicant­accused has forcibly kept physical relationship with the victim­a minor, from time to time. The charge­sheet prima­facie show the allegations against the applicant are well founded. Mere filing of charge­sheet is not change in circumstances. Offence is serious in nature. Considering the nature and gravity of accusations, I am of the opinion that the applicant has not made out the case for grant of bail. With this, I proceed to pass the following order.

O R D E R
Application stands rejected.

( Smt. S.C. Jadhav ) 05th January, 2021. Additional Sessions Judge­8, Nashik.