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Cri.BailAppln.No.862/22Ex.1
Order below Exh.1 in Cri. Bail Application No.862/ 2022
Dadasaheb @ Deva Maroti Kolge
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Ambad Police St. Nashik .. Respondent.
(Cr. No. I 04/2022)
Order below Exh. 1
1.
The applicant/accused Dadasaheb @ Deva Maroti
Kolge claims bail in C.R. No. I292/2022 for the offences
punishable under Sections 363, 376(2)(n), 366 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 G.L.Bodke, for the
applicant and learned A.P.P. Smt. Jadhav for the State. The
informant & IO is also present.
investigation.
Perused the papers of
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3.
Cri.BailAppln.No.862/22Ex.1
It is the case of the prosecution that applicant
induced the minor victim, kidnapped her and then, had sexual
relations with her without valid consent.
4.
On perusal of record, it reveals that initially, father of
victim has lodged missing report on 21.06.2022 that the victim
left her house on 20.06.2022 under the pretext of going to the
college but did not return. As such, it becomes clear that victim
left her house on her own. Age of the victim is mentioned as 16
years but there is no any prima facie evidence to that effect on
record. Statement of the victim reflects that she eloped with the
applicant out of love affair.
There are no allegation that the
applicant acted violently against the victim.
5.
Howsoever it may be, it reveals from record that
applicant came to be arrested on 05.07.2022. There is no any
recovery or discovery
as such remained from the applicant.
According to ld. Advocate for the applicant, the applicant is a
young boy of 21 years old. He is a local resident and is ready to
abide any conditions on grant of bail. It is brought to the notice
of the Court that one more offence is registered against the
applicant of same nature at Aurangabad.
The case is pending.
It is not contention of the informant that the applicant is
convicted in any such offence.
Considering all these aspects,
this Court is of the view that applicant can be released on bail by
imposing certain conditions. Hence the order.
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Cri.BailAppln.No.862/22Ex.1
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Dadasaheb @ Deva
Maroti Kolge
arrested in C.R. No. I
292/2022 for the offences punishable under
Section 363, 376(2)(n), 366 of the I.P.C. 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.25,000/(Rupees Twenty Five Thousand
only) with one or two sureties in the like
amount subject to following conditions :
a] That he shall not tamper with
prosecution evidence in any manner.
the
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.
ADITEE
UDAY
KADAM
Nashik.
Date : 13.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.14
11:27:18 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.862/22Ex.1