1
Cri.BailAppln.No.1366/22Ex.1
Order below Exh.1 in Cri. Bail Application No.1366/ 2022
1/
Hafijullah Jabbar Shaikh
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Bhadrakali Police St.
Nashik. (Cr. No. I 288/2022)
.. Respondent.
Order below Exh. 1
1.
The
applicant/accused Hafijullah Jabbar Khan
claims bail in C.R. No. I288/2022 for the offences punishable
under Sections 354, 354D, 323, 504 of the Indian Penal Code
and under Sections
12 of the POCSO Act registered with
Bhadrakali Police Station, Nashik.
2.
Heard Learned Advocate Shri A.R.Hastekar, for the
applicant and learned A.P.P. Shri Kotwal for the State. Victim
is also present before the Court.
Perused the papers of
investigation.
3.
It is the case of the prosecution that the applicant
sexually harassed minor victims and outraged their modesty.
4.
On perusal of record, it reveals that there are specific
allegations in the report that the applicant has acted in such
manner even before the incident mentioned in the report. At
that time, he has begged for pardon and therefore, victim has not
disclosed the incident to her family members. But on 26.09.2022
2
Cri.BailAppln.No.1366/22Ex.1
at about 08.00 to 08.15 pm, applicant again misbehaved with the
minor victims and also with her cousin.
Report is lodged
immediately on the very day of the incident. Prima facie, it does
not reflect that there was any enmity between the applicant and
informant family.
5.
Learned Advocate for the applicant submitted that
there was dispute on account of place of parking vehicle.
Informant family assaulted the applicant and to avoid criminal
action by the applicant, they have lodged false report by
forwarding minor girl. Such contention of the learned Advocate
for the applicant has no basis.
On the contrary, specific
averments in the report indicate prima facie involvement of the
applicant with the alleged serious and heinous crime against
minor victim.
Investigation is at mature stage, thorough
investigation is required to be done.
Considering all these
aspects, this Court is of the view that the application would not
sustain at this stage.
Hence the order.
:: O R D E R ::
Application (Exh.1) stands rejected.
ADITEE
UDAY
KADAM
Nashik.
Date : 10.11.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.15
17:24:42 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.