CNR MHNS010055402020 Order below Exh.1 in Cri. Bail Application No.1845/2020.

1 Ganesh Vishnu Lokhande
2 Sandeep Nathu Lokhande
3 Nikhil Suresh Khokale
4 Vinayak Sampat Chavanke

Vs.

State

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2. Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No. 77/2019 for the offence punishable under sections 354, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Upnagar Police Station, Nashik on accusation that on 12/02/2019, at 02.00 p.m. infront of Koyna Society, Lokhande Mala, Nashik Road, the applicant­accused outraged the modesty of informant and further threatened to kill her.

3. The applicants contend that they have not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. The informant and applicants have already settled the matter 15/02/2019 itself. The informant has executed affidavit to that effect. They are not having any criminal antecedent. Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does
not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate on behalf of the applicants and learned APP. I have also perused the investigation papers made available by the Investigating Officer. Perusal of Police Papers prima facie it is seen that the allege incident took place on 12/02/2019 on the same day offence came to be registered. The documents further shows that, on 15/02/2019 itself the informant has executed one affidavit which prima facie shows that, the applicants and informant have settled the matter. No doubt the offence non compoundable.

But, nothing is to be seized or recovered at the instance of applicants.

The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. Even the say of I.O. also silent on the point of custodial interrogation with the applicants. The applicants are not having any criminal antecedent. They are ready to co­operate in further investigation. Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 In the event of arrest of applicant Nos.1 Ganesh Vishnu Lokhande, 2. Sandeep Nathu Lokhande, 3. Nikhil Suresh Khokale, 4. Vinayak Sampat Chavanke in Crime No. 77/2019 for the offence punishable under sections 354, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Upnagar Police Station, Nashik; they be released on prearrest bail on their executing P.R. bond of Rs.15,000/­ each with surety each in the like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 7th January, 2021. Additional Sessions Judge­8, Nashik.