1
Cri.B.A.No.950/22OrderEx.1.
Order below Exh.1 in Bail Application No. 950/2022
1/
Ganesh Dipak Sonawane & 2..
Applicants/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Trimbakeshwar Police Station, Trimbak.
(Cr. No.I 132/2022)
..
Prosecution
Order below Exh.1.
1.
This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail
in the event of their arrest in the aforesaid Crime registered at
Trimbakeshwar Police Station, for the offence punishable under
sections 143, 147, 148, 149, 326, 354A, 452, 323, 427, 504, 506 of the
Indian Penal Code and accordingly, interim protection was granted to
applicants.
2.
It is the case of the prosecution that the applicants and
other accused committed criminal trespass, assaulted the informant
and his wife and during the course of assault, they have outraged the
modesty of wife of the informant.
3.
On perusal of record, it reveals that
there are two
incident mentioned by the informant. The incident allegedly occurred
in the premises of Hotel. But then, informant is silent about CCTV
footage.
There is no any previous enmity as such mentioned in the
report.
On the contrary, it is the contention of applicants that they
found cockroach in the meal served in the hotel. On that count, there
was dispute between them.
Thus, considering these aspect, false
implication cannot be ruled out.
So also, two accused are already
2
Cri.B.A.No.950/22OrderEx.1.
released on bail by the ld. Trial Court. On these amongst ground,
interim bail was granted to applicants on 16.08.2022. Now, IO has
filed say and raised some objections which are not appears to be
substantive one.
In respect of the offence of outraging modesty law is
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.”
5.
As per the contention of ld. Advocate for the applicants,
the applicants have no criminal antecedents. They are ready to abide
any conditions imposed upon them. Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicants. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants on
16.08.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 24.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.24
17:44:31 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.