1 Cri.BailAppln.No.1072/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1072/ 2022

Chotu Kumar Vasant Singh .. Applicant Accused.

Vs.

The State of Maharashtra through PI Ambad Police St. .. Respondent. Nashik. (Cr. No. I 21/2022)

Order below Exh. 1
1.The applicant/accused Chotu Kumar Vasant Singh claims bail in C.R. No. I­21/2022 for the offences punishable under Sections 376(2)(n)(j), 363 of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act registered with Ambad Police Station, Nashik.

2.Heard Learned Advocate Shri A.S.Mahajan, for the applicant and learned A.P.P. Smt. Jadhav for the State. The victim is also present. Perused the papers of investigation.

3.It is the case of the prosecution that applicant induced minor victim, kidnapped her, sexually exploited her and thereby made her pregnant.

4.On perusal of record, it reveals that missing report was lodged by the brother of victim that his sister left the house without giving intimation to anyone and was not found though they searched for her in the vicinity. It is pertinent to note that victim left her house on 31.12.2021 but then, report came to be
lodged on 12.01.2022. Delay in lodging report is not explained.

Victim was present in the Court. She has stated that she is engaged in love­affair with applicant­accused and wants to marry with him. Victim was found in the custody of applicant in the month of May 2022. She was residing with applicant accused for such a long period. There are no allegations that applicant acted violently against her.

5.Howsoever it may be, it reveals from record that applicant came to be arrested on 21.05.2022. There is no any recovery or discovery as such remained from the applicant.

According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is 25 years old. He is ready to abide any conditions on grant of bail. 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] Applicant­Accused Chotu Kumar Vasant Singh arrested in C.R. No. I­21/2022 for the offences punishable under Sections 376(2)(n) (j), 363 of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act registered with Ambad Police Station, Nashik be released on bail in the sum of Rs.15,000/­(Rupees Fifteen Thousand only) with a surety in the like amount subject to following conditions :­

a] That he shall not tamper with the prosecution evidence in any manner.

b] Applicant is directed not to enter the area/vicinity where the victim resides till end of trial.

c] Applicant is directed to furnish his permanent address proof, mobile number.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.06 17:22:53 – 0600 Nashik. (Aditee U. Kadam) Date : 06.09.2022. Additional Sessions Judge­2, Nashik.