Order Below Exh.1 in Cri.B.A.No.379/2022 CNR NO.MHNS010012802022

Ganesh Sahebrao Gosake Vs. State.

Heard : Ld. Adv. Mr. S. M. Nawale for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.95/2022 registered at Police Station, Sinnar, Dist. Nashik for the offence punishable under Sections 354 & 506 of the Indian Penal Code, 1860 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act. It is the case of prosecution in brief that when the 15.4 year­old victim was standing outside her house, the applicant came there and held her hand and told her that he loves her.

2.Ld. Adv. for the applicant has submitted that the FIR is false. There is family dispute between both the families and the FIR has been maliciously lodged by the victim’s family. No such incident occurred.

Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court.

3.Per contra, Ld. A.P.P. has opposed the bail 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. Considering the same and considering the peculiar facts and circumstances of the case, no purpose will be served by keeping the applicant behind bars. In view thereof, I am inclined to allow the application subject to the following terms and conditions.

ORDER
1] The application is hereby allowed.

2] Applicant Ganesh Sahebrao Gosake be released on bail by executing P.R. and S.B. of ₹15,000/
­ with one local surety 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.

8] Jail authorities shall conduct the necessary COVID­19 test before releasing the applicant.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.03.29 13:02:14 +0530 Nashik Mridula Bhatia 28/03/2022 District Judge­2 and Addl.Sessions Judge Nashik.