1
Cri.B.A.No.718/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 718/2022
Akash Vijay Tathe
..

Applicant/
Accused.

..

Prosecution
Vs.

The State of Maharashtra
through Police Inspector,
Ambad Police Station, Nashik.
(Cr. No.I 166/2022)
Order below Exh.1.
1.

This application has been filed by the applicants/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Ambad Police Station, for the offence
punishable under sections 363, 376 of the Indian Penal Code and
under Sections 4 & 8 of the POCSO Act.
2.

Heard learned Advocate Shri G.L.Bodke for the applicant
and learned APP Smt. Jadhav.

Victim is also present before the
Court. Perused the papers of investigation.
3.

It is the case of the prosecution that the applicant induced
minor victim on false promised of marriage, kidnapped her and
sexually exploited her and made her pregnant.

4.

On perusal of record, it reveals that, the applicant is a
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young boy of 22 years old.

Cri.B.A.No.718/22­Order­Ex.1.

Minor victim is 17 years old.

Missing
report reflects that victim left her house on her own on 16.04.2022.
During
the
investigation,
applicant/accused.

she
was
found
residing
with
the
She resided with the applicant for about two
months. During the period she did not resisted any alleged act. The
applicant did not acted violently against the victim.

5.

Learned Advocate for the applicant submitted that the
victim eloped with the applicant out of love­affair rather she has
insisted
to
run
away,
otherwise
she
would commit
suicide.

Howsoever it may be, considering the nature of accusation, it is clear
that there is no any recovery or discovery as such remain from the
applicant. Physical custody of the applicant is thus no more required.
According to ld. Advocate for the applicant, applicant has no criminal
antecedent.

He is local resident and he is ready to abide any
conditions imposed by this Court. 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 Akash Vijay Tathe arrested
in C.R. No. I 166/2022 for the offences
punishable under Sections 363, 376 of the I.P.C.,
under Sections 4 & 8 of the POCSO Act
registered with Ambad Police Station, be
released on bail in the sum of Rs.25,000/­(Rupees
Twenty­five Thousand only) with one or two
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Cri.B.A.No.718/22­Order­Ex.1.

sureties in the like amount subject to following
conditions :­
a] That he shall not tamper with the prosecution
evidence in any manner.
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 and copies of
medical treatment papers on record.
ADITEE
UDAY
KADAM
Nashik.
Date : 18.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.20
10:40:30 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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4.

Cri.B.A.No.718/22­Order­Ex.1.

As per the contention of ld. Advocate for the applicants,
the applicants have no criminal antecedents. They are the local
resident and they are ready to abide any conditions imposed upon
them. Therefore, considering all these aspects, this Court is of the
view that interim relief can be granted to the applicants. Hence, the
order.

::O R D E R::
1]
The application ( Exh. 04) is allowed.

2]
The applicants – –­­­­ in Crime No.I­113/2022 of
Kalwan Police Station for the offences
punishable under sections 306, 498­A, 323 504
and 506 r/w. 34 of IPC, they be released on
regular bail in sum of Rs.15,000/­ (Rupees
Fifteen Thousand only) each with a surety in the
like amount subject to conditions that :­
a] That the applicants shall make themselves
available for interrogation by the Investigation
Officer as and when required under written
intimation.
b] The applicants shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.
Inform P.S.O. concerned accordingly.

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Nashik
Date : 18.06.2022.

Cri.B.A.No.718/22­Order­Ex.1.

(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.