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Cri.B.A.No.602/2022­Ex.1.

Order below Exh.1 in Cri. Bail Appln. No. 602/2022
Amol Uttam Ghumare
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
MIDC Police Station, Sinnar.
Tal.Sinnar, Dist.Nasik.
(CR. No.I 128/2022)
..

Prosecution
Order below Exh.1.
1.

This
application
has
been
filed
by
the
applicant/accused under section 439 of Cr.P.C. for releasing him
on regular bail in the aforesaid Crime registered at MIDC
Police Station, Sinnar for the offence punishable under section
354, 354­A, 452, 323, 504, 506 of IPC & 8 and 12 of POCSO Act
and u/s. 3(1)(r) and 3(1)(s) of the Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act.
2.

According to the prosecution, the FIR was registered
on 10.05.2022 by the mother of the Victim alleging that on
08.05.2022, she alongwith her husband and son had gone to her
work­place and the Victim was alone at home.

Around 06.00
pm, one of the relatives of the applicant by name Nitin Uttam
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Cri.B.A.No.602/2022­Ex.1.

Ghumre has entered the house of the complainant, held the
hands of the Victim and insisted her to accompany him.

She
resisted and started shouting for help. On hearing her cries, her
parents rushed towards the house and found Nitin was dragging
her towards outside.

They intervened and separated him and
also assaulted him with fist and kick blows.
escape from there.

Nitin managed to
Next day morning, around 10.00 am,
applicant along­with Uttam Ghumre came to the house of the
complainant and questioned them as to why they assaulted
Nitin.

They also used abusive language towards complainant
and her family members.

They uttered
“vkEgh fHkYy lektkps
vlY;kus rqEgkyk xkokr jkgw ns.kkj ukgh——–” and also threatened of dire
consequences.

The complainant then approached the Police
Station and lodged report.

Based on her report, crime was
registered and accused was arrested on 10.05.2022 and since
then, he is in judicial custody.

3.

The learned counsel Mr. A.J.Bhide appearing for the
applicant/accused has argued that the applicant is innocent and
has not committed any offence. The offence of POCSO Act and
SC & ST Act are not attracted against the applicant. He has not
done anything to the victim. He is suffering from various
ailments and needs constant medical treatment. He is ready to
abide by each and every conditions if any imposed by this Court
while releasing him on bail. Lastly, he prayed for bail to the
applicant/accused.

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4.

Cri.B.A.No.602/2022­Ex.1.

The ld. APP Smt. Sangale has strongly opposed the
application stating that the offence is serious in nature.

If the
applicant is released on bail, there is every possibility that he
may tamper with the witnesses and would not obey the terms
and conditions.

Hence, prayed for rejection of the bail.

The investigating officer has filed reply at Exh.6 and
strongly opposed the application and prayed for rejection. The
victim appeared before the Court and filed reply at Exh.7 and
she has submitted that there is danger to the life of her family
members at the hands of
the applicant, hence, prayed for
rejection of the application.

5.

After hearing both the sides, prima facie, it appears
that the complainant belongs to Bhill Caste and applicant
belongs to Maratha Caste.

According to the prosecution, the
incident took place in the house of the complainant when
applicant along with co­accused came to her house to question
the assault on their relative.

So, prima facie, the incident took
place within the four corners of the house. It it was in a confined
area and the incident has not taken place in the public so as to
lower her dignity who belonged to a scheduled Caste/scheduled
tribe
community.

Public view is
a
sine
qua
non
to
attract the offence under the Atrocity Act. In the case in hand,
admittedly, nobody witnessed the incident. Therefore, the
ingredients of the section are prima facie not attracted. Further,
the applicant was arrested on 10.05.2022 and his further custody
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is not necessary.

Considering the
Cri.B.A.No.602/2022­Ex.1.

nature of offence, I am
inclined to release the applicant on bail with following conditions.
Order
1.

Application is hereby allowed.

2.
Applicant/ accused – Amol Uttam Ghumre shall be
released on regular bail on furnishing his P.R.bond of
Rs.20,000/­ with one or more sureties in the like amount.
(a)
not to act in the manner injurious to the interest of
the prosecution.

(b)
maintain law and order and shall not pressurize the
Victim and tamper with evidence in any manner.

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

3.
If the applicant/accused commit breach of any of the
above conditions, the bail granted to him shall be liable to
be cancelled.

Date : 21.05.2022.

I/C
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.
Addl. Sessions Judge­2, Nashik.