1
Cri.BailAppln.No.811/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.811/ 2022
Akshay Yuvraj Patil
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Satpur Police St.
(Cr. No. I 112/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Akshay Yuvraj Patil claims
bail in C.R. No. I­112/2022 for the offences punishable under
Sections 363, 376 of the Indian Penal Code and under Sections 4
of the POCSO Act registered with Satpur Police Station.

2.

Heard Learned Advocate Shri R.D.Avhad, for the
applicant and learned A.P.P. Smt. Sangale for the State. The
victim alongwith her mother is present before the Court. IO is
also present. Perused the papers of investigation.

3.

It is the case of the prosecution that applicant induced
the minor victim, kidnapped her and thereafter forcefully
committed sexual intercourse with her without her valid consent.
4.

The ld. Advocate for the applicant submitted that it is
the case of love­affair. Victim eloped with applicant on her own.

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Cri.BailAppln.No.811/22­Ex.1
She was well acquainted with the accused since two years. Ld.
Advocate for the applicant submitted that though accused have
criminal antecedents, the nature of cases against him are
different.

He relied on the order of Hon’ble Supreme Court in
Cri.Appeal No.159/2012 in the case of Maulana Mohd. Amir
Rashadi Vs. State of UP., whereby Hon’ble Supreme Court has
granted
bail
antecedents.

to
the
applicant
who
has
much
criminal
Further, applicant relied on the case reported in
the case of Sunil Mahadev Patil Vs. State of Mahalaxmi,
LEX (BOM) 2015 8 295, whereby Hon’ble Bombay High Court
has granted bail to the applicant considering mitigating factors.
With respect to my command, it is to be mentioned that facts in
aforesaid cases are not identical with the facts in present matter.
5.

In the present matter victim is 15 years old.

Applicant allured her, induced her and thereby kidnapped her.
They were apprehended on 11.05.2021.

Victim was present in
the Court. She was under pressure and was profusely crying due
to fear on account of threats received by her from the accused
and his family members. Investigating Officer has filed say and
mentioned that the accused has much criminal antecedents. He
has not cooperated the investigation.

He had abused and
threatened even to the investigating officer.

Victim has given
statement before CWC that she has fear of the accused.
Investigation is at premature stage. Considering the nature of
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Cri.BailAppln.No.811/22­Ex.1
offence, background and coduct of the accused,
it becomes
abundant clear that thorough investigation is required to be
done. Victim and accused are resident of same vicinity.

It is
contended by the victim that she received consistent threats
from the side of accused.

In such circumstances, if the accused
would be released on bail, there is every possibility that he
would pressurize the victim and tamper with the prosecution
evidence.

He may flee away from the justice. Considering all
these aspects, this Court is of the view that application filed by
the applicant is devoid of merit. Hence the order.

:: O R D E R ::
1]
The application (Exh.1) stand rejected.
ADITEE
UDAY
KADAM
Nashik.
Date : 29.06.2022.

Digitally
signed by
ADITEE UDAY
KADAM
Date:
2022.06.29
17:44:03 0600
(Aditee U. Kadam)
Additional Sessions Judge,
Nashik.

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Cri.BailAppln.No.811/22­Ex.1
ORDER
1/­
Application is hereby allowed.

2/­
In the event of arrest of the applicant – Amol
Avinash Chavan in C.R. No. 16/2022 of Wani Police
Station, be released on
PR and SB of Rs.20,000/­
with one or two solvent sureties in the like amount
subject to following conditions.

a)
Not to act in manner injurious to the interest of
the prosecution.

b)
maintain law and order.

c)
furnish the address of his residence, copy of Pan
or the Adhar card at the time of execution of bond
and shall not change the residence without prior
permission of this Court.

d)
He shall attend the concerned police station as
and when called by the Investigating Officer and
cooperate with the investigation.

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Cri.BailAppln.No.811/22­Ex.1
( Smt. S.S. Nair )
Date : 02.05.2022.

Addl. Sessions Judge ­4, Nashik.