1 Cri.BailAppln.No.1046/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1046/ 2022

Ganesh Malu Waghmare .. Applicant Accused.

Vs.

The State of Maharashtra through PI Satpur Police St. .. Respondent. Nashik. (Cr. No. 187/2022)

Order below Exh. 1

1.The applicant/accused Santosh Somnath Charoskar claims bail in C.R. No. 187/2022 for the offences punishable under Sections 377, 323 of the Indian Penal Code and under Sections 4, 6 & 12 of the POCSO Act registered with Satpur Police Station, Nashik.

2.Heard Learned Advocate Shri R.D.Avhad, for the applicant and learned A.P.P. Smt. Jadhav for the State. The informant alongwith his learned Advocate Shri R.C.Gaikwad also present before the Court and resisted the application by filing say vide Exh.9.

Perused the papers of investigation.

3.It is the case of the prosecution that the applicant committed sexual act against the order of nature with minor victim since three years.

4.On perusal of record, it reveals that the report came to be lodged on 02.08.2022. It reveals that the minor victim disclosed the incident to his father/informant on 24.07.2022. Complaint of the victim is that the applicant used to commit oral sex and also unnatural carnal intercourse with the minor victim. There is much delay in lodging report. Even after disclosure by the victim, informant has not immediately lodged the report. Medical report of victim did not reflect any fresh injury. There are allegations that applicant used to show porn video to the victim but in the house search of applicant, nothing incriminating is recovered.

5.Howsoever it may be, it reveals from record that applicant came to be arrested on 02.08.2022. There is no any recovery or discovery as such remained from the applicant. According to ld. Advocate for the applicant, the applicant 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 Ganesh Malu Waghmare arrested in C.R. No. 187/2022 for the offences punishable under Section 377, 323 of the I.P.C. and under Sections 4, 6 & 12 of the POCSO Act registered with Satpur 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 :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: 2022.09.06 10:56:02 – 0600 Nashik. (Aditee U. Kadam) Date : 05.09.2022. Additional Sessions Judge­2, Nashik.