CNR MHNS010045282020 Order below Exh.1

in Cri. Bail Application No.=1661/2020.

{ Amit Sham Bhatia & 1 Vs. State }

This is an 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 applicants came to be arrested on 06/11/2020 in Crime No. 443/2020 for the offence punishable under sections 376 (2)(n), 384, 506 r.w. 34 of the Indian Penal Code, section 8 & 12 of the Protection of Children From Sexual Offences Act and section 67 of Information Technology Act registered with Upnagar Police Station, Nashik on the accusation that in the month of August, 2020 the applicant/accused threatened the victim to viral her obscene photographs and thereby committed an offence.

3. The applicants contend that they have not committed any offence as alleged by the prosecution. There is nothing on record to show their involvement in the commission of offence. They are behind bar from the date of their arrest. Investigation is almost completed. The main allegations are against accused No.1 and therefore, the role attributed to the applicants/accused is that they threatened the victim to transmit her obscene photographs on social media. Now nothing is to be recovered or discovered from them.

Therefore, their further detention is not necessary for the purpose of investigation. They are having permanent place of abode and roots in the society. They are 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, they have prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicants in the commission of the offence. If the accused are released on bail, they 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. Pradhan appearing on behalf of the applicants and learned A.P.P. Mr. Gaikwad. I have also perused the investigation papers made available by the Investigating Officer. The role attributed to the applicants/ accused in this crime is that they have threatened the victim to transmit her obscene photographs on social media. The main allegations of rape are against accused No.1. Nothing is to be recovered or discovered at the instance of applicants. Material investigation is completed. There is no reason to believe that they have committed an offence punishable with death or life imprisonment. The applicants are behind the bar from the date of their arrest. They are ready to co­operate in further investigation and to furnish sufficient surety. They are also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping them behind bar till filing of the charge­sheet or conclusion of the trial, when they are ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Applicant Nos.1­ Amit Sham Bhatia and Nos.2 Sumit Sham Bhatia be enlarged on bail, in Crime No. 443/2020 for the offence punishable under sections 376 (2)(n), 384, 506 r.w. 34
of the Indian Penal Code, section 8 & 12 of the Protection of Children From Sexual Offences Act and section 67 of Information Technology Act registered with Upnagar Police Station, Nashik, on furnishing personal bond of Rs.15,000/each with surety each in like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 They shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the chargesheet and co­operate in further investigation.

6 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 10th December, 2020. Additional Sessions Judge­8, Nashik. Document Outline