1 Cri.BailAppln.No.1210/22 Ex.1 Order below Exh.1 in Cri. Bail Application No.1210/ 2022
Deepak Tulshiram Gangurde .. Applicant Accused.
Vs.
The State of Maharashtra through PI Satpur Police St. Nashik. (Cr. No. I 94/2022) .. Respondent.
Order below Exh. 1
1. The applicant/accused Deepak Tulshiram Gangurde claims bail in C.R. No. I94/2022 for the offences punishable under Sections 363, 376(2)(j)(n) of the Indian Penal Code and under Sections 4 & 6 of the POCSO Act registered with Satpur Police Station, Nashik.
2.Heard Learned Advocate Shri A.N.Mutha, for the applicant and learned A.P.P. Smt. Sangale 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 made her pregnant.
4.On perusal of record, it reveals that missing report was lodged by the mother of victim that on 16.04.2022 victim left the house and went to the house of her relative but she did not return. On enquiry victim was found to be missing. Therefore, informant/mother has lodged report on 20.04.2022. Victim is present in the Court. She has no allegations against applicant.
Victim was recovered from the custody of applicant. She was with applicant for about six months. Victim is 17 years 5 months old. She is at the verge of majority. Learned Advocate for the applicant submitted that applicant and victim were engaged in loveaffair. 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 01.10.2022. There is no any recovery or discovery as such remain from the applicant.
According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is 21 years young boy. 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 Deepak Tulshiram Gangurde arrested in C.R. No. I94/2022 for the offences punishable under Sections 363, 376(2)(j)(n) of the Indian Penal Code and under Sections 4 & 6 of the POCSO Act registered with Satpur 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: 2022.10.11 17:49:35 – 0600 Nashik. (Aditee U. Kadam) Date : 10.10.2022. Additional Sessions Judge 2, Nashik.