Order Below Exh. 4 In Cri. Bail Application No. 650/2022.
(CNR No. MHNS010024742022)
Bhushan Ramdas Bendkoli Vs. State.
Heard
1.
Ld. Adv. Mr. A. K. Kale for the applicant.
Ld. A. P. P. Ms. S. S. Sangle for the State.
I. O. present.
This is an application under section 438 of Criminal
Procedure Code in Crime No.56/2022 registered at Police
Station, Harsul for the offence under sections 354, 506 & of the
Indian Penal Code, 1860 and Section 12 of POCSO Act. It is the
case of prosecution in brief that when the 17 yearold victim had
gone to attend a function, the accused/applicant gagged her,
brought her close to him and threatened her from disclosing
about the incident to anybody.
2.
Ld. Adv. for the applicant has submitted that there
was a consensual loveaffair between the victim and the
applicant and that when the victim’s mother saw both of them
together, she prevailed upon the victim to lodge an F.I.R. has
filed on record photographs of the victim and the applicant
together to show that they were in an intimate relationship.
Custodial interrogation of the applicant is not necessary. No
recovery needs to be made from him. Applicant has complied
with the terms and conditions imposed by the Court while
…2…
Cri.B.A. 650/2022
(Order Exh. 1)
granting interim relief. He has even produced the attendance
diary before the Court.
3.
Per contra Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicant is
necessary.
4.
Applicant
has
complied
with
the
terms
and
conditions imposed by the Court while granting interim relief
and
cooperated
with
the
investigation.
His
custodial
interrogation therefore does not appear to be necessary. In view
of the foregoing discussion, I am inclined to allow the
application in terms of the following order:
ORDER
1]
The application is allowed.
2]
Interim order dated 24/05/2022 passed below Exh.4
is hereby confirmed on the same terms and
conditions.
MRIDULA
BHATIA
04/06/2022.
Nashik.
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.06.04
11:30:04
+0530
Mridula Bhatia
District Judge2 and
Addl. Sessions Judge, Nashik