1
Cri.B.A.No.876/22OrderEx.1.
Order below Exh.1 in Bail Application No. 876/2022
Dinesh Sanbhaji Hake
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Bhadrakali Police Station, Nashik.
(Cr. No.I 162/2022)
..
Prosecution
Order below Exh.1.
1.
This application has been filed by the applicant/accused
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
Bhadrakali Police Station, for the offence punishable under sections
363, 376 of the Indian Penal Code and u/s. 12 of the POCSO Act and
accordingly, interim protection was granted to applicant.
2.
Heard learned Advocate Shri F.A.Inamdar for applicant
and ld. APP Smt. Jadhav.
The informant is also present.
IO is
present. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant was
apprehended for the offence under Section 363 of IPC.
He was
released on bail and thereafter additional charge u/s. 376 of IPC was
made applicable.
4.
Learned Advocate for applicant submitted that the
applicant was arrested on 23.06.2022.
He was released on bail.
Now, additional charge is made applicable u/s. 376 of IPC and
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Cri.B.A.No.876/22OrderEx.1.
thereby, applicant has reasonable apprehension of arrest.
filed by the IO.
Report is
There is no any substantial ground putforth by the
IO to reject the application.
5.
Ld. Advocate for the applicant submitted that the
applicant has no criminal incident. He is a young boy of 21 years. He
has cooperated the investigation.
Therefore, considering all these
aspects, this Court is of the view that anticipatory bail can be granted
to applicant. Hence, the order.
:: O R D E R ::
1]
The application is allowed.
2]
The interim protection granted to applicant by
this Court on 12.07.2022 stands confirmed
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
completion of the investigation and not to contact
any witness and interfere with the investigation
in any manner.
c] Applicant is directed to furnish his permanent
address proof, mobile number.
d] Applicant is directed to mark presenty in concern
police station on every 2nd Saturday & 2nd
Sunday of the month in between 10.00 am to
12.00 noon till filing of chargesheet.
ADITEE
UDAY
KADAM
Nashik.
Date : 20.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.20
17:42:36 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.