CNR MHNS010045342020 Order below Exh.1 in Cri. Bail Application No.1667/2020.

{Hiren Bharatbhai Rangolia Vs. State }

Hiren Bharatbhai Rangholia

Vs.

State

This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.

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

The applicant came to be arrested on 16/11/2020 in Crime No.74/2020 for the offence punishable under sections 354 (d) of the Indian Penal Code and 67(A) of the Information Technology Act registered with Cyber Police Station, Nashik on the accusation that applicant/accused edited the photographs of informant and Somnath Gaikwad and then made viral the same and thereby outraged the modesty of informant and committed an offence.

3.The applicant contend that he has not committed any offence as alleged by the prosecution. There is nothing on record to show his involvement in the commission of offence. His name is not mentioned in F.I.R. He is behind bar from the date of his arrest.

Therefore, his further detention is not necessary for the purpose of investigation. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard learned advocate Mr. Tidke appearing on behalf of the applicant and learned A.P.P. Smt. Patil. I have also perused the investigation papers made available by the Investigating Officer.

Prima facie it appears from the documents that the name of applicant/accused is not arrayed in F.I.R. His name is transpired during investigation. The role attributed to the applicant/accused is limited. Now, nothing is to be recovered or discovered at the instance of applicant. There is no reason to believe that he has committed an offence punishable with death or life imprisonment. Offence is exclusively triable by Court of Magistrate. The applicant is behind the bar from the date of his arrest. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till filing of the charge­sheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicant has made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Applicant Hiren Bharatbhai Rangholia be enlarged on bail, in Crime No.74/2020 for the offence punishable under section 354 (d) of the Indian Penal Code and section 67(A) of the Information Technology Act registered with Cyber Police Station, Nashik on furnishing personal bond of Rs.15,000/with surety in like amount.

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

5 He shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the charge­sheet and co­operate in further investigation.

6 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 8th December, 2020. Additional Sessions Judge ­8, Nashik.