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Order Below Exh. 1 in Cri. B. Appln. No. 649/2022
CNR NO.MHNS010024732022
Devnath Pandu Bendkoli Vs. State.
Heard:
1.

Ld. Adv. Mr. G. L. Bodke for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
Perused the say filed by the victim.

This is an application under Section 439 of the Code of
Criminal Procedure, 1973 in Crime No.3/2022 registered
at Police Station, Harsul, Dist. Nashik for the offence
punishable under Sections 363 & 376 of the Indian Penal
Code, 1860 and Sections 4 & 8 of the Protection of
Children From Sexual Offences Act, 2012. It is the case of
prosecution in brief that the accused/applicant kidnapped
the minor victim, committed sexual intercourse with her
and impregnated her.

2.

Ld. Adv. for the applicant has submitted that the victim is
now a major and is more than 18 years old (although she
may have been a minor when the offence was committed).
The victim is present in the Court and has given ‘no
objection’ to the accused being released on bail. There was
a love­affair between the victim and the applicant.

3.

Per contra, Ld. A.P.P. Ms. S. S. Sangle has submitted that
the victim is already being tampered with. This is not the
case of a simple love­affair as is sought to be portrayed.
The applicant is a married man and has kidnapped the
victim despite his marriage being in subsistence. The
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statement of the applicant’s wife is also in the case­diary.
The so­called marriage of the victim and the applicant is
not legal. Investigation is in progress and charge­sheet is
yet to be filed. Therefore, if the applicant is released on
bail, there are chances of his tampering with prosecution
witnesses.
4.

Perusal of the case diary indicates that the applicant is
already married and his marriage is still in subsistence.
There
is
prima­facie
case
against
the
applicant.

Investigation is in progress and charge­sheet is yet to be
filed. Therefore, apprehension of the Ld. A.P.P. that if the
applicant is released on bail there are chances of his
tampering with prosecution witnesses is well­founded.
In view of the foregoing discussion, I am inclined to reject
the bail application.
ORDER
Application is hereby rejected.
MRIDULA
BHATIA
Nashik
02/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.02
15:12:13
+0530
Mridula Bhatia
District Judge­2 and
Additional Sessions Judge, Nashik.