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Cri. Bail Application No. 917 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 917 OF 2022
{Anita Ashok Jadhav vs. The State of Maharashtra through Ambad
Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 243 of 2022 registered with Ambad Police Station, Nashik for the
offences punishable under sections 363, 368, 120b read with 34 of the I.
P. C.
02]
The applicant contended that false and fabricated case is
registered against her. She is permanent resident of Nashik. She is lady
having four children and her husband died and her family is dependent
on her. She has no criminal antecedent. The F. I. R. is lodged belatedly.
She was in police custody and nothing remained to be recovered from
her nor anything is recovered from her. Offence is not punishable with
imprisonment for life or death. Now, the victim girl is in custody of her
parents. She was recently operated and requires medical treatment. She
should not be detained in Jail. Now, the investigation is completed and
charge sheet is filed. She is ready to abide by any conditions imposed by
the court. She has prayed for grant of bail.
03]
learned APP has filed say at Ex. 03 and I. O. has also filed
say at Ex. 04. They have stated that the offence is of serious nature. All
the accused hatched criminal conspiracy to kidnap the victim girl aged
one year and six months. They systematically kidnapped the victim girl
with the intention to sell her. The offence is committed with cool mind.
The investigation is going on. But, charge sheet is filed. The object of
kidnapping was to give the victim girl in adoption. A bad massage
spread in the society about this offence and if accused is released on
bail, she may abscond and may threat the witnesses. Hence, they have
prayed for rejection of bail.

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04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken.
05]
I have gone through application, say, arguments,
documents, police papers. There is prima-facie case against the
accused. The previous bail application was rejected as investigation
was going on. Now, the investigation is completed and charge sheet is
filed. The complainant is also not residing within the vicinity of the
accused. So, chances of tampering of evidence and threatening of the
prosecution witnesses is very less. The accused is a lady and has no
criminal antecedent. The offence is not punishable with death or
imprisonment for life. No purpose will serve to keep the accused
behind bar. Hence, she is entitled for bail on suitable terms and
conditions. Hence, the following order:
ORDER
01]
Application is allowed.

02]
Accused namely Anita Ashok Jadhav be released
on bail on executing personal bond of Rs. 15,000/with one or more surety in the likewise amount
each in crime No. 243 of 2022 registered with
Ambad Police Station, Nashik for the offences
punishable under sections 363, 368, 120b read
with 34 of the I. P. C.

03]
The accused shall attend police station, as and
when her attendance is required by the I. O.

04]
She shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade her from disclosing such facts to the court
or to any police officer to tamper with the
evidence.

05]
She shall not tamper the prosecution evidence in
any manner.

06]
She shall not leave India without permission of this
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Cri. Bail Application No. 917 of 2022
court.
07]
She shall not commit similar type of offence.

08]
She shall furnish her detailed address with proof
and her mobile numbers.

09]
Bail before concerned court of Judicial Magistrate
First Class.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.25
18:43:16 +0530
Date : 21.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.