1
Cri.BailAppln.No.909/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.909/ 2022
Gajanan Sahebrao Mahajan
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Ambad Police St.
Nashik,(Cr. No. I 113/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Gajanan Sahebrao Mahajan
claims bail in C.R. No. 113/2022 for the offences punishable under
Sections 363, 376(2)(n), 366 of the Indian Penal Code and under
Sections 4, 6, 8 & 12 of the POCSO Act registered with Ambad Police
Station, Nashik.
2.

Heard Learned Advocate Shri A.K.Kale, for the applicant
and learned A.P.P. Smt. Jadhav for the State. The informant & IO is
also present. Perused the papers of investigation.
3.

It is the case of the prosecution that applicant has induced
minor victim, kidnapped her and thereafter kept sexual relations with
her without her valid consent.
4.

On perusal of record, it reveals that the missing report is
lodged by the father of minor victim.

There are averments in the
report that on 11.03.2022 minor victim left her house for tuition
classes situated in­front of their residential building.

Victim did not
return to her house. They enquired into the classes, at that time, her
teacher told them that victim left the class saying that she had
stomach. Therefore, missing report was lodged.

The averments in
the report itself indicates that the victim left her house on her own.

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Cri.BailAppln.No.909/22­Ex.1
She was found to be in custody/ company of applicant accused on
28.06.2022. She was with the applicant for about three months. She
has not resisted the act allegedly committed by the applicant.

There
is no any prima facie evidence on record to show the age of victim.
5.

Howsoever it may be, it reveals from record that applicant
came to be arrested on 11.07.2022. There are no allegations that the
applicant has committed any violent act against the minor victim.
There is no any recovery or discovery
as such remained from the
applicant. Physical custody of the applicant is thus no more required.
According to ld. Advocate for the applicant, the applicant is a young
boy of 21 years old. He has no criminal antecedents. He is a local
resident and 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
Gajanan
Sahebrao
Mahajan arrested in C.R. No. 113/2022 for the
offences punishable under Section 363, 376(2)(n)
& 366 of the I.P.C. and under Sections 4, 6, 8 &
12 of the POCSO Act registered with Ambad
Police Station, Nashik be released on bail in the
sum of Rs.15,000/­(Rupees Fifteen Thousand
only) with a surety in the like amount subject to
following conditions :­
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Cri.BailAppln.No.909/22­Ex.1
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.
ADITEE
UDAY
KADAM
Nashik.
Date : 22.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.22
17:57:03 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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