Order below Exh.1 in Cri. Bail Application No.1253/ 2022 1/
Ganesh Ramnath Devkate .. Applicant Accused.
Vs.
The State of Maharashtra through PI Sinnar Police St. .. Respondent. Sinnar. (Cr. No. I 417/2022) Order below Exh. 1
1.The applicant/accused Ganesh Ramnath Devkate claims bail in C.R. No. I417/2022 for the offences punishable under Sections 354A, 354D, 509, 292, 504, 506 of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act and u/s. 66C, 66D, 67, 67A of the Information Technology Act and u/s. 3(2)(va) of the SC & ST (Prevention of Atrocities) Act registered with Sinnar Police Station, Sinnar.
2.Heard Learned Advocate Shri A.J.Bhide, for the applicant and learned A.P.P. Smt. Sangale for the State. The victim is also present before the Court. IO is also present. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant has sexually harassed a married lady by sending her obscene messages, videos and by using abusive humiliating language with sexual remarks.
4.On perusal of the report, it reflects that the informant has no direct concern with the applicant. She is a married lady. There are specific allegation in the complaint that some unknown person harassed her by sending obscene messages and that her fake Face book account was created by the offender. Such harassment was going on since 15.08.2022. She has disclosed the incident to her husband. They planned to trap the offender and accordingly she asked the offender to come to meet her. On 25.09.2022, applicant came to meet her with continued phonecall. At that time, he was caught raid handed and was submitted to police.
5.Investigation papers reflect that mobile phone of the applicant was seized. Chatrecord clearly reflect that the applicant has used very dirty and offending sexual remarks and very much harassed to a lady who actually has no concern with him. Such an act on the part of applicant indicate his pervert mind and pervert lust.
Informant was present at the time of hearing. She was literally broken and requested to reject the application with the apprehension that he may harass her more. Considering prima facie record i.e. conduct of applicant, her apprehension cannot be said to be out of place. So also, investigation is not yet complete. Thorough investigation is required to be done. Considering all these aspect, this Court is of the view that this application filed by the applicant being devoid of merits, deserves to be rejected. Hence, the order.
O r d e r
Application Exh.1 stands rejected.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM Date: KADAM 2022.10.17 18:15:58 – 0600 Nashik. (Aditee U. Kadam) Date : 17.10.2022. Additional Sessions Judge2, Nashik.