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Cri.B.A.No.982/2022
Order below Exh.01 in Cri.B.A.No.982/2022
CNR No.MHNS010042342022
(Ashutosh Ratanrao Mahatme vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with CR.No.I­6/2020 registered
with Cyber police station for the offence punishable under Sec.67(b)
of Information Technology Act 2000, on the basis of FIR lodged by
Deepak Ravindra Desale.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant is a student, taking education. That he has not transmitted
any objectionable material in electronic form. The investigation is
completed and charge­sheet is filed. Investigating officer did not
find any reason to arrest the applicant. He is permanent resident of
Nashik and will not abscond.

The mobile phone of applicant is
already seized. The applicant has no criminal antecedents. He will
not tamper with prosecution evidence and will co­operate with
investigation. He is ready to abide by all terms and conditions if any
imposed by the Court. On these main grounds and others have
prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say on the grounds that investigation is
completed and charge­sheet bearing RCC No.320/2022 is filed in
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Cri.B.A.No.982/2022
the Court on 29.1.2022. There is no need of custody of the
applicant.

4.

Heard Ld. Advocate Mr.Vaishampayan for applicant.

Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police
papers and say filed by Cyber police station.

5.

On perusal of FIR as well as case papers, the allegations
are that present applicant transmitted some contents which are
considered as child pornography to his friend on Instagram. The
Cyber police issued notice to the applicant and has seized the
mobile of the applicant. Even charge­sheet bearing RCC No.
320/2022 is filed before the Chief Judicial Magistrate. The
investigation is completed. From the report filed by the Investigating
Officer, he has clearly mentioned that there is no need for custodial
interrogation. Hence, I proceed to pass following order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Ashutosh Ratanrao
Mahatme in connection with CR.No.I­6/2020 registered with Cyber
police station for the offence punishable under Sec.67(b) of
Information Technology Act 2000, on the basis of FIR lodged by
Deepak Ravindra Desale, the above named applicant be released on
bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen
Thousand only), with one surety of like amount on following
conditions.

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Cri.B.A.No.982/2022
(a). He 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 them from disclosing such facts to the Court
or to any police officer.
(b). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 12.09.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.12
17:50:10 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.