.. 1 .. Order Below Exh.1 in Cri.B.A.No.375/2022 CNR NO.MHNS010012642022

Dnyaneshwar Motiram Dive Vs. State.

Heard : Ld. Adv. Mr. G. L. Bodke for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.96/2020 registered at Police Station, Nashik Taluka, Nashik for the offence punishable under Sections 354­
D, 354­A, 188, 324, 323 & 504 of the Indian Penal Code, 1860 and Section 11 of the Protection of Children from Sexual Offences Act. It is the case of prosecution in brief that the applicant/accused molested the 14 year­old victim and when her family members tried to intervene, he assaulted them.

2.Ld. Adv. for the applicant has submitted that material part investigation is over. Allegations are not serious. Applicant is ready to abide by the terms and conditions imposed by the Court.

3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is prima­facie case against the applicant. Offence is of the year 2020 and the applicant was absconding ever since till his arrest on 18/03/2022. He is a habitual offender and there are against offences pending against him. If the applicant is released on bail, there are chances of his committing similar offences and fleeing from justice.

4.Considering that the applicant was absconding for almost two years and has other offences pending against him, apprehension of the Ld. A.P.P. that if the applicant is released on bail, there are chances of his fleeing from justice are well­founded. In view thereof, I am inclined to reject the bail application.

ORDER
The application is hereby rejected.

Digitally signed MRIDULA by MRIDULA BHATIA BHATIA Date: 2022.04.05 19:01:18 +0530 Nashik Mridula Bhatia 05/04/2022 District Judge­2 and Addl.Sessions Judge Nashik.