Order Below Exh.1 in Cri. B. Appln. No. 460/2022 (CNR No. MHNS010016872022)
Akshay Haribhau Sable Vs. State.
Heard:
Ld. Adv. Mr. A. P. Kalantri for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
1.This is an application under Section 439 of the Code of Criminal Procedure, 1973 in Crime No.186/2021 registered at Police Station, Wavi, Dist. Nashik, for the offence punishable under Sections 363 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and Sections 8 & 12 of the POCSO Act. It is the case of prosecution in brief that the accused/applicant kidnapped the minor victim and committed sexual intercourse with her.
2.Ld. Adv. for the applicant has submitted that the victim is 17.10 years old. Initially, the offence was registered only under Sec. 363 of the I.P.C. Applicant is only 24 years old and there was a consensual relationship between them. Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court.
3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is primafacie case against the applicant.
4.Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court. Considering the same and considering the peculiar facts and circumstances of the case, no purpose will be served by keeping the applicant behind bars. In view thereof, I am inclined to allow the application subject to the following terms and conditions.
ORDER
1] The application is hereby allowed.
2] Applicant Akshay Haribhau Sable be released on bail by executing P.R. and S.B. of ₹30,000/ with one or two local sureties of like amount.
3] Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to the Court or to the police officer and shall not tamper with the prosecution evidence in any manner.
4] Applicant shall not commit any offence and shall attend all dates of hearing after the filing of chargesheet.
5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.
6] Applicant shall furnish residence and ID proof of two blood relatives to the I. O.
(Order is dictated & pronounced in open court).
Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 18:59:31 +0530 Nashik Mridula Bhatia 21/04/2022 District Judge2 and Additional Sessions Judge, Nashik.