1 Order Below Exh.1 in Cri.B.Appln.No.485/2022 CNR No. MHNS010018442022

Amol Ashok Gaikwad Vs. State.

Heard:
Ld.Adv. Ms. S. S. Dawange for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under Section 438 of the Code of Criminal Procedure, 1973 in Crime No.97/2022 registered at Police Station, Sinnar, Dist­Nashik for the offences punishable under Sections 354, 354­A, & 506 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused/applicant is the auto­ rickshaw driver of the complainant who is married and has two children. On the date of the incident when her husband was not at home, the applicant came to her house, held her hand and molested her.

2.Learned Advocate for the applicant has submitted that the FIR is false. Custodial interrogation of the applicant is not necessary. Applicant is ready to abide by the terms and conditions imposed by the Court.

3.Application should therefore be allowed. Per contra Ld. A.P.P. has opposed the application on the
ground that custodial interrogation of the applicant is necessary.

4. Applicant has complied with the terms and conditionsimposed by the Court while granting interim relief.

No recovery needs to be made from him. His custodial interrogation therefore does not appear to be necessary. In view of the foregoing discussion, I am inclined to allow the application in terms of the following order: ORDER

1] The application is allowed.

2] Interim order dated 16/04/2022 passed below Exh.4 is hereby confirmed on the same terms and conditions.

Digitally signed MRIDULA BHATIA Nashik 28/04/2022 by MRIDULA BHATIA Date: 2022.04.29 11:02:26 +0530 Mridula V. K. Bhatia District Judge­ 2 and Additional Sessions Judge, Nashik.