Devendrakumar Bhausaheb Pagare Vs State of Maharashtra Nashik Sessions Court BA No 1299 of 2022

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Cri.B.A.No.1299/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1299/2022
Devendrakumar Bhausaheb Pagare ..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Nashik­Road Police Station, Nashik­road.
(Cr. No.I 315/2022)
..

Prosecution
Order below Exh.1.

1.

This application has been filed by the applicant/accused
Devendrakumar Bhausaheb Pagare under section 438 of Cr.P.C.
for releasing him on anticipatory bail in the event of his arrest in
the aforesaid Crime registered at Nashik­road Police Station, Nashik­
road for the offence punishable under section 354 & 504 of the Indian
Penal Code and accordingly interim protection was granted to
applicant.
2.

Heard learned Advocate Shri Gunjal for applicant and
learned APP Shri Kotwal. Perused the say filed by IO.
3.

It is the case of the prosecution that the
applicant
outraged the modesty of the informant.
4.

Learned Advocate for the applicant submitted that the
informant and applicant are relatives i.e. the applicant is son­in­law of
the applicant.

They had some family dispute and therefore, false
complaint has been lodged.

It reveals that there are complaint and
cross complaint filed by both the parties against each other.

Thus,
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Cri.B.A.No.1299/22­Order­Ex.1.

false implication cannot be ruled out.
5.

In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354­A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
6.

Interim bail was granted to the applicant. Now say is
filed by the investigating officer.

There is no any substantial ground
put forth to resist the application.

Learned Advocate for the
applicant submitted that applicant has no criminal antecedents and
he is local residents and practicing Advocate. Applicant is ready to
abide any conditions on grant of bail. Therefore, considering all these
aspects, this Court is of the view that interim relief granted to the
applicant can be confirmed.. Hence, the order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
Interim relief granted to applicant on 19.10.2022
stands confirmed subject to same terms and
conditions.
ADITEE
UDAY
KADAM
Nashik
Date : 01.11.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.01
16:42:32 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.B.A.No.1299/22­Order­Ex.1.