1
Cri.BailAppln.No.771/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.771/ 2022
1/­
Dipak @ Gundya Vasant Khetade
&1
.. Applicants
Accused.

Vs.

The State of Maharashtra
through PI Sinnar Police St.
Sinnar. (Cr. No. I 06/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Dipak @ Gundya Vasant
Khetade & Somnath Trimbak Khetade claims bail in C.R.
No. I­06/2022 for the offences punishable under Sections 354,
504, 506 r/w. 34 of the Indian Penal Code and under Sections 8
& 12 of the POCSO Act registered with Sinnar Police Station,
Sinnar.

2.

Heard Learned Advocate Shri G.L.Bodke, for the
applicant and learned A.P.P. Smt. Sangale for the State.
Perused the papers of investigation.

3.

It is the case of the prosecution that applicants barged
into the house of victim under the pretext of drinking water.
Applicant No.1 hold the hand of minor victim and dragged her
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Cri.BailAppln.No.771/22­Ex.1
near him into his arm and outraged her modesty.

He has also
abused and threatened her.
4.

On perusal of record, it reveals that the incident
occurred on 25.12.2021 at about 07.30 pm.
came to be lodged on 05.01.2022.
family members.

But then, report
Victim is residing with her
She is 17 years old, on the verge of majority.

She has support of her family members.

She has mentioned
that villagers were trying to settle the matter and thereby there
is delay in lodging report. But such reason does not appears to
be probable one. Ld. Advocate for the applicants submitted that
the applicant No.1 had deceived with the uncle of victim. In that
regard, he has produced copy of FIR which was lodged by the
father of applicant against the uncle and aunt of the victim.

In
that case, there are allegations that the accused assaulted the
applicant No.1 very brutally.

Applicant No.1 is required to
undergo long medical treatment and surgery.

Therefore, it is
the contention of ld. Advocate for applicants that as a counter
blast, informant party has lodged this false report.

Copies of
medical papers are produced on record.
5.

Howsoever it may be, it reveals from record,
applicants came to be arrested on 15.06.2022. There is no any
recovery or discovery
as such remained from the applicants.

There is no role of applicant No.2 mentioned in the report.
In respect of the offence of outraging modesty law is
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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.”
According to ld. Advocate for the applicants, the
applicants are local resident and is ready to abide any conditions
on grant of bail.

Considering all these aspects, this Court is of
the view that applicants can be released on bail by imposing
certain conditions. Hence the order.

:: O R D E R ::
1]
The application is allowed.

2]
Applicants­Accused Dipak @ Gundya
Vasant Khetade & Somnath Trimbak
Khetade arrested in C.R. No. I­06/2022 for
the offences punishable under Section 54,
504, 506 r/w. 34 of the I.P.C. and under
Sections 8 & 12 of the POCSO Act registered
with Sinnar Police Station, Sinnar be
released on bail in the sum of Rs.15,000/­
(Rupees Fifteen Thousand only) each with a
surety in the like amount subject to following
conditions :­
a] That they shall not tamper with
prosecution evidence in any manner.

the
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Cri.BailAppln.No.771/22­Ex.1
b] Applicants are directed not to enter the
area/vicinity where the victim resides till end
of trial.
c] Applicants are directed to furnish their
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 23.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.24
10:42:23 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.BailAppln.No.771/22­Ex.1