1 Cri.B.A.No.397/2022 Ex.1. Order below Exh.1 in Cri. Bail Application No. 397/2022
Chandrakant @ Sachin Subhash Shewalekar. .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Ambad Police Station, Nashik. (Cr. No.I 333/2021)
.. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 439 of Cr.P.C. for releasing him on regular bail in the aforesaid Crime registered at Ambad Police Station, for the offence punishable under section 376(1)(2)(n) of Indian Penal Code & 4 & 8 of POCSO Act.
2.According to the prosecution, the FIR was lodged by the mother of the victim on 08.10.2021 alleging therein that on 07.10.2021, her daughter left the house by telling that she is going to MHADA Colony for laminating her documents. But till late night, she did not return home. Despite search, she could not be found and hence missing report was lodged in the Police Station. The Victim returned home after four months. As missing report was pending, she was taken to the police station. Her statement was recorded on 31.01.2022. While recording her statement, she has stated that she has voluntarily left her house and joined the company of the accused.
The accused had taken her to village Supa. There, they stayed together for couple of months. During the said period, they had physical relations. The Victim being minor, crime was registered against the accused.
Based on her statement, crime was registered against the accused and he was arrested on 30.01.2022 and since then, he is in judicial custody.
3.The learned counsel Mrs. Vanita K. Jadhav appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. They were in love with each other.
The act was consensual. She further submits that it is not the case of forceful act on the part of the applicant. Nothing remains to be seized.
His further detention is not required. The investigation is over and chargesheet is filed. He is ready to abide each and every conditions if any imposed on him. Lastly, she prayed for bail to the applicant/accused.
4.The investigating officer has submitted reply vide Exh.5 and opposed the application on the ground that by alluring the Victim of marriage, the applicant has kidnapped the Victim and established physical relations with her. The report of Foresic Science Laboratory is not yet received. If applicant is released on bail, he may tamper with evidence and so, prayed for rejection of the application.
The ld. APP Smt. Reshma Jadhav has strongly opposed the application by filing her say vide Exh.6 stating that the offence is serious in nature. If applicant is released on bail, there is every possibility that he may tamper the witnesses and would not obey the terms and conditions. Hence, prayed for rejection of the bail.
The victim appeared and filed reply at Exh.7 and stated that applicant has established physical relations with her against her wish and if released on bail, he may commit serious offence against her. Hence, she prayed for rejection of the application.
5.After hearing both the sides and after going through the chargesheet, prima facie it appears that the Victim is 16 years old girl and on the verge of majority. She understands the consequence of her act. She has voluntarily left her house and joined the company of the accused. If we see the role of the accused, there appears no force on his part. Considering the fact that the act was consensual and chargesheet is filed and so, further detention of the applicant is not necessary. Hence, I am inclined to release the applicant on bail with stringent conditions.
O r d e r
1.Application is hereby allowed.
2.Applicant/ accused – Chandrakant @ Sachin Subhash Shewalekar shall be released on regular bail on furnishing his P.R.bond of Rs.20,000/ with one or more sureties in the like amount.
(a) not to act in the manner injurious to the interest of the prosecution.
(b) maintain law and order and shall not pressurize the Victim and tamper with evidence in any manner.
(c) furnish the address of his residence, copy of Pan or Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3.If the applicant/accused commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.31 16:54:55 -0600
( Smt. S.S. Nair ) Date : 31.03.2022. Addl. Sessions Judge 4, Nashik.