1 Cri.BailAppln.No.1195/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1195/ 2022
Dr. Ulhas Pandurang Kute .. Applicant Accused.
Vs.
The State of Maharashtra through PI Ambad Police St Nashik. (Cr. No. 423/2022). .. Respondent.
Order below Exh. 1
1.The applicant/accused Ulhas Pandurang Kute claims bail in C.R. No. 423/2022 for the offences punishable under Sections 376(2)(e) & 506 of the Indian Penal Code, under Sections 6, 8 & 12 of the POCSO Act and u/s. 3(1)(w)(i)(ii) and 3(2)(v)(va) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act registered with Ambad Police Station, Deola.
2.Heard Learned Advocate Shri R.J.Kasliwal, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant filed her say at Exh.6 and resisted the application. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant is the Medical Practitioner, have his own Hospital where victim joined as a trainee Nurse. It is alleged that on 10.09.2022 at 10.30 pm, applicant sexually ravished the minor victim by threatening her.
4.Learned Advocate for the applicant submitted that the applicant is a Doctor by profession. He is practicing medicine since 25 years. His wife is also in medical profession and also worked with applicant in his hospital. Victim recently joined the hospital as a trainee Nurse. Applicant scolded her on account of her negligence towards the patients and also on account of excessive use of mobile. It is further contended that if any such incident would have occurred, there was every possibility that the patients admitted in the hospital would get aware about it. But none of the patient has stated about it.
The victim also worked on next day of the alleged incident in the hospital till afternoon. Thereafter, her relatives came and assaulted the applicant. It is the contention of learned Advocate for the applicant that applicant has been falsely implicated and therefore, he be released on bail.
5.Per contra, learned APP resisted the application with the contention that the offence allegedly committed by the applicant is very much serious and heinous one. If the applicant is released on bail, he may pressurize the victim. Therefore, learned APP submitted that application be rejected.
6.On perusal of record, it reveal that there is delay in lodging report. Incident occurred at night of 10.09.2022. But surprisingly even after the incident, victim continued her work till afternoon of the next day. It is alleged that victim informed her father at 06.00 am but then, he has also not lodged report immediately. Police papers on record reflects that statements of victim and her parents were recorded. Some of the statements of the witnesses are not found to be consistent with the prosecution case.
Medical report of the victim reflects that there is old yield hymen rupture. No fresh injury found on the person of victim. Overall, prima facie case of the prosecution found to be in cloud.
7.Howsoever it may be, record reflect that applicant came to be arrested on 11.09.2022. Now, there is no any recovery or discovery as such remain from the applicant. According to ld. Advocate for the applicant, the applicant has no criminal antecedents and he is local resident. He is ready to abide any conditions on grant of bail.
Considering all these aspects, this Court is of the view that applicant can be released on bail by imposing certain conditions. Hence the order.
:: O R D E R ::
1] The application is allowed.
2] ApplicantAccused Dr. Ulhas Pandurang Kute arrested in C.R. No. 215/2022 for the offences punishable under Section 376(2)(e) & 506 of the I.P.C., under Sections 6, 8 & 12 of the POCSO
Act and u/s. 3(1)(w)(i)(ii) and 3(2)(v)(va) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act registered with Ambad Police Station, Nashik 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 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 end of trial.
c] Applicant is directed to furnish his permanent address proof, mobile number.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.04 16:22:57 0600 – Nashik. (Aditee U. Kadam) Date : 04.10.2022. Additional Sessions Judge2, Nashik.