1 Cri.B.A.No.1139/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1139/2022
1/ Avinash Arjun Datir & 1 ..Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Indira Nagar Police Station, Nashik. (Cr. No.I 60/2020) .. Prosecution
Order below Exh.1.
1. This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at Indira Nagar Police Station, Nashik for the offence punishable under section 323, 354, 504, 506 of the Indian Penal Code.
2.Heard learned Advocate Shri Kambale for applicants and learned APP Smt. Sangale for the prosecution. Perused the FIR.
3.It is the case of the prosecution that the applicants have assaulted the informant and during the occurrence, outraged the modesty of informant.
4.On perusal of record, it reveals that report came to be lodged on 05.02.2020. Till now, police did not arrest the applicants.
Applicants have specifically submitted that chargesheet in the matter is filed in the Court and thereby investigation is complete. Now, summons is received by the applicants to be present in enquiry. Police also asked applicants to surrender. Therefore, due to apprehension of arrest, applicants have filed this application. As chargesheet is already filed, it becomes clear that physical custody of the applicants is not required for investigation.
5.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. ”
6.The ld. Advocate for the Applicants submitted that the applicants do not have criminal antecedents. They are reputed person. They are permanent local resident. Therefore, considering all these aspects, this Court is of the view that interim relief can be granted to the applicant. Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] In the event of arrest of the applicants Avinash Arjun Datir & Shila Dyaneshwar Laware in Crime No.I60/2020 of Indira Nagar Police Station, Nashik for the offences punishable under sections 323, 354, 504, 506 of the Indian Penal Code and they be released on adinterim anticipatory bail in sum of Rs.15,000/ (Rupees Fifteen Thousand only) each with a surety in the like amount subject to conditions that :a] That the applicants shall attend the trial regularly.
b] The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade them from disclosing such facts to the Court or to any Police Officer.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.16 17:33:21 – 0600 Nashik (Aditee U. Kadam) Date : 16.09.2022. Additional Sessions Judge2, Nashik.