Order Below Exh.1 in Cri. Bail Appln. No. 434/2022 ( CNR No. MHNS­010015312022 )

Ganpat Parashram Gaikwad Vs. State Heard:

Ld. Adv. Mr. M. D. Bhanose for the applicant.

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

Perused the say of the complainant.

1] This is an application by accused under section 439 of Criminal Procedure Code in Crime No.123/2022 registered at Sinnar Police Station, Dist. Nashik for the offence under Sections 354, 323, 504 & 506 r/w. Sec. 34 of the Indian Penal Code, 1860 (I.P.C.), Secs. 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w)(i), 3(1) (w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Atrocities Act). It is the case of prosecution in brief that the son of the applicant/accused is the JCL (Juvenile in Conflict with Law) who drove past the complainant’s house on his tractor and scattered the wood kept outside her house. When she complained to him, he gave her caste­based abuses and molested her. In the meanwhile, the applicant came to the spot and also verbally abused her and threatened her.

2] Ld. Adv. for the applicant has submitted that the main allegations are against the JCL (son of the applicant). Even as per the case of the prosecution, the applicant has not hurled a single caste­based abuse upon the complainant. Except the allegation of verbal abuse and threatening, there is no other allegation against him. Applicant is ready to comply with 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. Investigation is in progress and charge­sheet is yet to be filed. If the applicant is released on bail, there are chances of his tampering with prosecution witnesses since he is a resident of the same village as the complainant.

4] Perusal of the record indicates that there are no allegations under the Atrocities Act against the applicant. The said allegations are against the JCL. Save and except the allegation of verbal abuse and threatening, there is no other allegation against him. Applicant is ready to comply with the terms and conditions imposed by the Court. No purpose will therefore be served by keeping him behind bars. In view of the foregoing discussion, I am inclined to allow the application subject to the following terms and conditions.

ORDER
1] Application is hereby allowed.

2] Applicant Ganpat Parashram Gaikwad 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 a 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 and shall attend all dates of hearing after the filing of charge­sheet.

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.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.11 17:30:20 +0530 Nashik Mridula Bhatia 11/04/2022 District Judge ­ 2 and Additional Sessions Judge, Nashik.