1
Cri.B.A.No.977/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 977/2022
Ashok Kisan Shinde
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Gangapur Police Station, Nashik.
(Cr. No.I 149/2022)
Order below Exh.1.

1.

This application has been filed by the applicant/accused
under section 438 of Cr.P.C. for releasing him on anticipatory bail
in the event of his arrest in the aforesaid Crime registered at
Gangapur Police Station, Nashik for the offence punishable under
section 354­A, 504 r/w. 34 of the Indian Penal Code and under
Sections 3(1)(s) & 3(1)(r) of the Scheduled Caste & Schedules Tribes
(Prevention of Atrocities) Act and accordingly interim protection was
granted to applicant on 08.08.2022.
2.

Heard Mr. Y.R.Wagh learned Advocate for applicant and
learned APP Smt. Jadhav. The informant appeared and filed the say
vide Exh.7. Perused the say filed by IO and also perused the papers.
3.

It is the case of the prosecution that the applicant has
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Cri.B.A.No.977/22­Order­Ex.1.

threatened and abused the informant by uttering abusive words on
caste thereby humiliated and insulted the informant and outraged the
modesty of informant.

4.

On perusal of record, it reveals that general allegations
are made in the report against all the accused.

Incident allegedly
occurred on 04.06.2022 whereas report came to be lodged on
19.07.2022. Delay in lodging report prima facie create doubt about its
veracity.

Moreover, dispute is based on the financial transaction
between informant and relatives of applicant.
direct concern with the said transaction.

The applicant has no
As such, prima facie,
involvement of the applicant in alleged offence is found to be dubious
one. On these amongst ground, interim bail was granted to applicant
on 08.08.2022.

In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354­A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
5.

Now, say is filed by the investigating officer with formal
objections. It appears that applicant cooperated the investigation. As
per the contention of ld. Advocate for the applicant, the applicant has
no criminal antecedents. He is local resident and he is ready to abide
any conditions imposed upon him. Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
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Cri.B.A.No.977/22­Order­Ex.1.

granted to applicant. Hence, the order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
The interim protection granted to applicants on
08.08.2022
stands
confirmed
subject
to
conditions therein.

3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 23.08.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.23
17:43:30 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.