Order Below Exh.1 in Cri.B.A.No.617/2022
CNR NO.MHNS010023932022
Avinash Gautam Ambhure Vs. State.
Heard : Ld. Adv. Mr. A. K. Kale for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
1.

This is an application under Section 439 of the Code of Criminal
Procedure in Crime No. 72/2022 registered at Police Station, Indiranagar,
Nashik for the offence punishable under Sections 354­D & 506 of the Indian
Penal Code, 1860, Sections 8 & 12 of the Protection of Children from Sexual
Offences Act and Sec. 67­A of Information Technology Act. It is the case of
prosecution in brief that the accused/ applicant befriended the 14 year­old
minor victim, clicked some intimate photographs with her and posted on his
instagram account. One of the relatives of the victim’s mother saw the said
photographs and informed her about it after which the criminal law was set
in motion.
2.

Ld. Adv. for the applicant has submitted that the photographs in
question are neither indecent, nor has the applicant misused the
photographs in any manner. He has merely posted the said photographs on
his instagram account. The applicant and the victim are in a consensual
relationship. The said photographs are not objectionable and the victim and
the applicant are fully clothed in them. Applicant is 20 years old. He is
behind bars since more than a fortnight and is ready to abide by the terms
and conditions imposed by the Court.
3.

Per contra, Ld. A.P.P. has opposed the bail application on the
ground that there is prima­facie case against the applicant. If the applicant is
released on bail, there are chances of his tampering with prosecution
witnesses.
4.

Ld. A.P.P. upon taking instructions has submitted that material
part of the investigation is over and the phone of the applicant has been
forwarded for analysis. Applicant is only 20 years old and is ready to comply
with the terms and conditions imposed by the Court. Considering the same,
it would not be appropriate for him to remain behind bars. In view of the
foregoing discussion, I am inclined to allow the application subject to the
following terms and conditions.
ORDER
1]
The application is hereby allowed.

2]
Applicant Avinash Gautam Ambhure be released on bail by
executing P.B. & S.B. of ₹30,000/­ with one or two local sureties 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 evidence
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.

7]
Applicant shall attend all dates of hearing after the filing of charge­
sheet.

8]
Applicant shall not contact the victim in any manner till she attains
majority.
MRIDULA
BHATIA
Nashik
01/06/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.06.01
13:03:21
+0530
Mridula Bhatia
District Judge­2 and
Addl. Sessions Judge Nashik.