Ganesh Rajaram Gangurde Vs State of Maharashtra Nashik Sessions Court BA 628 of 2022

Order Below Exh.1 in Cri. B. Appln. No. 628/2022
(CNR No. MHNS010024122022)
Ganesh Rajaram Gangurde Vs. State.
Heard:
Ld. Adv. G. K. Jadhav for the applicant.
Ld. A.P.P. Ms.R. Y. Jadhav for the State.
Perused the say of the victim.

1.

This is an application under Section 439 of the Code
of Criminal Procedure, 1973 in Crime No.60/2022 registered at
Police Station, Deola, Dist.Nashik, for the offence punishable under
Sections 363, 376(2)(i)(n) of the Indian Penal Code, 1860
(hereinafter referred to as I.P.C.). It is the case of prosecution in
brief that the accused/applicant kidnapped the minor victim aged
14 years and committed sexual intercourse with her.
2.

Ld. Adv. for the applicant has submitted that there
was a love­affair between victim and the applicant. Material part
of the investigation is over and charge­sheet is about to be filed.
Applicant is ready to abide by the terms and conditions imposed by
the Court. Initially the offence was registered under Sec. 363 of the
I.P.C. and other sections came to be added subsequently.
Applicant is only 19 years old.
3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that there is prima­facie case against the applicant. If
the applicant is released on bail, there are chances of his tampering
with prosecution witnesses.
4.

Material part of the investigation is over and charge­
sheet is about to be filed. Applicant is only 19 years old and is
ready to abide by the terms and conditions imposed by the Court.
No purpose will therefore be served by keeping the applicant
..2..

Cri. B. Appln. No. 628/2022
Order Exh.1
behind bars. In view of the foregoing discussion, I am inclined to
allow the application subject to the following terms and
conditions :
ORDER
1]
The application is hereby allowed.

2]
Applicant Ganesh Rajaram Gangurde be released on
bail
by executing P.R. and S.B. of ₹30,000/­ with one or two
local sureties of like amount.
3]
Applicant shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted
with the facts of accusation, so as to dissuade him/her from
disclosing such facts to the Court or to the police officer
and shall not tamper with the prosecution evidence in any
manner.

4]
Applicant shall not commit any offence.

5]
Applicant is duty bound to inform the I.O. and the court
about his change of address, if any.

6]
Applicant shall furnish residence and ID proof of two
blood relatives to the I. O.

7]
Applicant shall attend all dates of hearing after the filing
of charge­sheet.
(Order is dictated & pronounced in open Court).
MRIDULA
BHATIA
Nashik.
17/06/2022.

Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.17
16:29:03
+0530
Mridula Bhatia
District Judge­3 and
Additional Sessions Judge,
Nashik.