Order Below Exh. 1 in Cri. B. Appln. No. 478/2022

(CNR No. MHNS 010018232022 )

Atul Ashok Gorane V/s. State.

Heard: Ld.Adv. Mr. S. B. Shejwal for the applicant.
Ld.A.P.P. Ms.S.S.Sangale for the State.

Perused the say of the complainant.

1.This is an application under Section 439 of the Code of Criminal Procedure, 1973 in Crime No.48/2022 registered at Police Station, Wavi, Dist­Nashik for the offence punishable under Section 363, 366­A & 376 of the Indian Penal Code, 1860 and Sections 4, 8 & 12 of the Protection of Children From Sexual Offences Act, 2012. It is the case of prosecution in brief that the accused No. 1 kidnapped the minor victim (aged 16.3 years) with the help of accused No.2/applicant, raped her and impregnated her.

2. Ld. Advocate for the applicant has submitted that initially the offence was registered only under Section 363 of the I.P.C. Sections 366­A & 376 of the I.P.C. & Sections 4, 8 & 12 of the Protection of Children From Sexual Offences Act, 2012 came to be added subsequently. There was a love­affair between the accused No. 1 and the victim and she had accompanied the accused No. 1 of her own free will, volition and accord. The entire act was consensual and the victim was well­ aware of the
consequences of her actions. The victim has got her abortion done. Applicant is not the prime accused. His only role is that he helped the accused No. 1 in meeting with the victim. Investigation is over and charge­sheet is filed. Applicant is ready to abide by the terms and conditions imposed by the court.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that there is prima­facie case against the applicant.

4.Investigation is over and charge­sheet has been filed. Applicant is not the prime accused. His only role is that he helped the accused No. 1 in meeting with the victim. He is ready to abide by the terms and conditions imposed by the court. Therefore, no purpose will be served by keeping him behind bars. In view of the foregoing discussion, I am inclined to allow the application in terms of the following order:

ORDER

1] Application is hereby allowed.

2] Applicant Atul Ashok Gorane be released on bail by executing P.R. and S.B. of ₹15,000/­ with one local surety of like amount.

3]Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to the Court or to the police officer and shall not tamper with the prosecution witnesses in any manner.

4] Applicant shall not commit any offence.

5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.

6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.

(Dictated and pronounced in open Court)

MRIDULA BHATIA Nashik 26/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.26 17:03:31 +0530 ( M. V. Bhatia) District Judge­ 2 and Additional Sessions Judge, Nashik.