1
Cri.BailAppln.No.1307/22-Ex.1
Order below Exh.1 in Cri. Bail Application No.1307/ 2022
Amit Madhukar Pawar
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Sinnar Police St.
Sinnar. (Cr. No. I 439/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Amit Madhukar Pawar claims
anticipatory bail in C.R. No. I­439/2022 for the offences punishable
under Sections 354, 354­D of the Indian Penal Code and under
Sections
8 & 12 of the POCSO Act registered with Sinnar Police
Station, Sinnar and accordingly, interim bail was granted to applicant.

2.

Heard Learned Advocate Shri B.G.Gore, for the applicant
and learned A.P.P. Shri Kotwal for the State. Victim is also present
before the Court. Perused the papers of investigation.

3.

It is the case of the prosecution that the
applicant
outraged the modesty of the minor informant and also used to sexually
harassed her.

4.

On perusal of record, it reveal that the incident in the
report is of 04.10.2022 whereas report came to be lodged on
2
12.10.2022.

Cri.BailAppln.No.1307/22-Ex.1
Learned Advocate for the applicant submitted that
applicant and victim are well acquainted with each other and they are
engaged in love­affair. But due to opposition by the family members
of the victim, she has lodged false report. Even, she has not
mentioned his name in the report.
mentioned in the report.

Only his mobile number is
There are no any serious allegations that
the applicant acted violently against the victim.

On these amongst
grounds, interim bail was granted to the applicant.

Now, learned
Advocate for the applicant produced copies of some documents i.e.
Whats­App chat between applicant and victim. Extract of call records
which reflect that the victim has made several Video call to the
applicant. Copies of photographs of the applicant and victim which
shows their intimacy.

The applicant has also produced extract of
presenting his mark in police station, after interim bail was granted to
him. Thus, documents produced on record fortifies the submissions put
forth by the learned Advocate for the applicant.

Moreover, presenty
marked by the applicant in police station shows that he has
cooperated the investigation.

5.

In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354­A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
3
6.

Cri.BailAppln.No.1307/22-Ex.1
Learned Advocate for the applicant submitted that
applicant has no criminal antecedents and he is local residents. He is
a young boy of 19 years old.

Applicant is ready to abide any
conditions on grant of interim relief. Therefore, considering all these
aspects, this Court is of the view that interim relief granted to the
applicant can be confirmed. Hence, the order.

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

2]
Interim protection granted to applicant on
19.10.2022 stands confirmed subject to same
terms and conditions.
ADITEE
UDAY
KADAM
Nashik.
Date : 11.11.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.15
17:29:13 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.