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Cri. Bail Application No. 1236 / 2020
Ganesh Shravan Deore
..
Applicant/
Accused.
..
Respondent.
Vs.
The State of Maharashtra
through P.I. Ambad P.Stn.
(Cr. No. I 504/2020 )
Order below Exh.1
1.
This application has been filed by the applicant/accused
under section 439 of the C.r.P.C., for releasing him on regular bail in
crime No. I 504/2020 registered at Ambad Police Station for the offence
punishable under section 498A, 376, 354, 323, 504, 109 r.w.sec. 34 of
the Indian Penal Code.
2.
According to the prosecution case, the FIR was lodged by the
victim alleging therein that she was married to Manjo Shrawan Deore
(accused No.1) on 19.04.2018. After marriage, she went to reside at her
matrimonial house.
Initially she was treated well for couple of days.
Thereafter, her husband started drinking liquor. The applicant is her
brotherinlaw and he used to touch her inappropriately.
She got
separated along with her husband and started staying away from her
inlaws.
Her husband once brought his friend at home. They both
consumed liquor and her husband then left his friend at home and he left
the place. His friend then sexually assaulted her. After committing the
act, he left her house. She then went to the police station and lodged
report on 14.09.2020. Police registered the FIR against against all the
accused persons. The applicant was arrested on 16.09.2020. Since then
he is in custody.
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3.
The learned counsel Mr. Sameer Inamdar appearing the
applicant/accused has argued that the applicant/accused No. 2 is the
brotherinlaw of the complainant. He has not committed any offence. He
is serving in Datar Cancer Research, Nashik as a Junior Scientist. Nothing
is recovered or discovered from him.
The allegation against him are
vague. His further detention is not required. If the applicant/accused is
not released on bail, his life would be spoiled in the Jail in the company of
harden criminals.
He has no criminal antecedents. He is ready to abide
by all the terms & conditions. Hence, he prays to allow the application.
4.
The Investigating Officer has filed his Say at Exh.4 and
opposed the application stating that the nature of the offence is serious
and he has outraged the modesty of a women who is her own brother’s
wife. The statements of the complainant and witnesses under section 164
of the Cr.P.C. are yet to be recorded. The other accused are yet to be
arrested. The investigation of the crime is in progress. If the
applicant/accused is released on bail, he may tamper the prosecution
witnesses. Hence, he prays for rejection of the application. The learned
APP Smt. Bhide has submitted in line with the Say filed by the
Investigating Officer and prayed for rejection of the application.
5.
After hearing both the sides and perusing the contents of the
FIR and documents on record, it appears that the allegation against the
applicant /accused is that he used to touch her brother’s wife in
appropriately and thus outraged her modesty.
16.09.2020.
He is in custody since
His custodial interrogation is already over. His further
detention is not required. He has no criminal antecedents. Considering
the nature of the allegation, period of the detention and present situation
of Covid19, I am inclined to grant bail to the applicant/accused on the
following terms & conditions. With this I proceed to pass following order. :
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ORDER
1.
Application (Exh.1) is hereby allowed.
2.
Applicant/Accused – Ganesh Shrawan Deore shall be
released on bail on furnishing his P.R.bond of
Rs.20,000/ with one or more sureties in the like
amount on the following conditions. :
He shall
3.
(a)
not act in manner injurious to the interest of the
prosecution.
(b)
maintain law and order.
(c)
furnish the address of his residence, copy of
Pan and Adhar card at the time of execution of
bond and shall not change the residence without
prior permission of this Court.
If the applicant commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
Sandhya
Sunil Nair
Date : 01.10.2020.
Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.01
14:41:04 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge2, Nashik.