1 Order Below Exh.1 in Cri.B.Appln.No.412/2022 CNR No. MHNS010014572022

Anil Dattu Wagh Vs. State.

Heard:
Ld.Adv. Mr. R. J. Kasliwal for the applicant.

Ld. A.P.P. Ms. S. S. Sangale for the State.

1.This is an application under Section 438 of the Code of Criminal Procedure, 1973 in Crime No.82/2022 registered at Police Station, Sinnar, Dist. Nashik for the offences punishable under Sections 354, 354­D & 506 of the Indian Penal Code, 1860 and Sections 8 & 12 of the POCSO Act, 2012. It is the case of prosecution in brief that the 22 year­old applicant/ accused has been stalking the 17.10 years old victim and has been pestering her to have a love­affair with him.

2.Ld. Adv. for the applicant has submitted that the FIR is blatantly false and is a counter­blast to the FIR under Sec. 326 of the I.P.C. (which is prior in point of time) lodged by the applicant against the alleged victim’s father. The applicant even had to take stitches and was hospitalized due to the said assault. The FIR is fabricated in order to spite the applicant. This is a classic case of misuse of the provisions of the POCSO Act. There is delay in lodging the FIR. He has filed on record photographs of the injuries sustained by the victim in the said assault and has also filed photographs and what’s­app chats between the applicant and the victim which clearly indicate that the love­affair was consensual. Applicant is ready to abide by the terms and conditions imposed by the Court. Custodial interrogation of the applicant is not necessary in the facts of the case.

3.Per contra Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicant is necessary since he has been stalking the victim.

4.Perusal of the material on record indicates that the submissions made by the Ld. Adv. for the applicant are prima­facie correct. Considering the allegations, custodial interrogation of the applicant does not appear to be necessary. Applicant is ready to abide by the terms and conditions imposed by the court. In view of the foregoing discussion, I am inclined to allow the application subject to the following terms and conditions.

ORDER
1] The application is allowed.

2] In the event of arrest of applicant Anil Dattu Wagh, he be released on bail by executing P.R. and S.B. of ₹ 15 ,000/­ with one local surety of like amount.

3] Applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

4] Applicant shall co­operate in the investigation and shall not tamper with the prosecution witnesses.

5] Applicant shall not commit any offence.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.06 17:57:46 +0530 Nashik Mridula Bhatia 06/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.