Gaurav Bhaurao Rahule Vs State of Maharashtra Nashik Sessions Court BA No 1321 of 2022

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Cri.B.A.No.1321/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1321/2022
Gaurav Bhaurao Rahule
.. Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Ambad Police Station, Nashik.
(Cr. No.I 462/2022)
.. Prosecution
Order below Exh.1.
1.

This application has been filed by the applicant/accused
Gaurav Bhaurao Rahule under section 439 of Cr.P.C. for releasing
him on regular bail
in the aforesaid Crime registered at Ambad
Police Station, Nashik for the offence punishable under sections
376(1), 377, 313, 417, 504, 506 of the Indian Penal Code.
2.

Heard learned Advocate Pratik P. Pawar for applicant and
learned APP Smt. Sangale.

Informant is also present before the
Court. IO is present. Perused the case papers.
3.

It is the case of the prosecution that the applicant induced
her on false promise of marriage and thereby sexually exploited her
and also treated her with cruelty, threatened her to defame and
thereby sexually harassed her.

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4.

Cri.B.A.No.1321/22­Order­Ex.1.

On perusal of record, it reveals that the informant is 27
years old lady.

There are averments in the report that marriage
between applicant and informant was fixed in the year 2019.

They
used to meet each other and thereby indulged in sexual relationships.
It is pointed out by the learned Advocate for the applicant that the
applicant and informant have performed marriage. There are specific
averments to that effect in report.
produced on record.

Copy of marriage certificate is
Apparently, applicant and informant were
engaged in relationships for about two years. Offence is registered on
11.10.2022.

Several marital litigations are pending in the Court
between them.

The informant has also filed application for
restitution of conjugal rights. Overall, nature of dispute between the
parties is on the basis of marital relations.

5.

Howsoever it may be, it reveals from record that applicant
came to be arrested on 19.10.2022. There is no any recovery or
discovery as such remain from the applicant. Ld. Advocate for the
applicant submitted that applicant has no criminal antecedents. He is
a local resident and he is ready to abide any conditions imposed upon
him. Therefore, considering all these aspects, this Court is of the view
that applicant can be released on bail. Hence, the order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
The applicant Gaurav Bhaurao Rahule in
Crime No.I­462/2022 of Ambad Police Station,
Nashik for the offences punishable under
sections 376(1), 377, 313, 417, 504, 506 of the
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Cri.B.A.No.1321/22­Order­Ex.1.

Indian Penal Code, be released on bail in sum of
Rs.15,000/­ (Rupees Fifteen Thousand only) with
a surety in the like amount subject to conditions
that :­
a] That the applicant shall make himself available
for interrogation by the Investigation Officer as
and when required under written intimation.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade her from disclosing such facts to the
Court or to any Police Officer.
3]
Inform trial Court accordingly.
ADITEE
UDAY
KADAM
Digitally signed by
ADITEE UDAY KADAM
Date: 2022.11.01
11:45:00 -0600
Nashik
Date : 31.10.2022.

(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.