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Cri.B.A.No.1133/22OrderEx.1. Order below Exh.1 in Bail Application No. 1133/2022
Bhawarlal Mangilal Gujar .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Trimbakeshwar Police Station, Trimbak. (Cr. No.I 138/2022) .. Prosecution
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 Trimbakeshwar Police Station, for the offence punishable under section 354, 354D, 506 of the Indian Penal Code and u/s. 67 & 67A of Information Technology Act.
2.Heard Learned Advocate Smt U.V.Mundada, for the applicant and learned A.P.P. Smt. Sangale for the State. Also perused the affidavit filed by Victim. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant has outraged the modesty of victim and defamed her.
4.On perusal of record, it reveals that there are allegations in the report that the applicant accused has snapped obscene photographs of the informant. During the pendency of the application, informant appeared and filed affidavit that she has lodged report out of misunderstanding.
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.Now, investigating officer has filed a say and raised formal objections. The ld. Advocate for the Applicant submitted that the applicant do not have criminal antecedents. Therefore, considering all these aspects, this Court is of the view that applicant can be released on bail by imposing certain conditions. Hence the order.
:: O R D E R ::
1] The application is allowed.
2] In the event of arrest of the applicant Bhawarlal Mangilal Gujar in Crime No.I138/2022 of Trimbakeshwar Police Station, Trimbak for the offences punishable under sections 354, 354D & 500 of IPC and u/s. 67 & 67A of the Information Technology Act, he be released on adinterim anticipatory bail in sum of Rs.15,000/ (Rupees Fifteen Thousand only) with a surety in the like amount subject to conditions that :
a] That the applicant shall make himself available for interrogation by the Investigation Officer as and when required under written intimation.
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.
c] Applicant is directed to furnish his permanent address proof, mobile number.
5] Inform P.S.O. concerned accordingly.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.21 17:14:13 – 0600
Nashik. (Aditee U. Kadam) Date : 21.09.2022. Additional Sessions Judge2, Nashik.