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Cri.BailAppln.No.1037/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1037/ 2022
Jibran Jamir Shaikh
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Bhadrakali Police St.
Nashik. (Cr. No. 214/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Jibran Jamir Shaikh claims
bail in C.R. No. 214/2022 for the offences punishable under
Sections 363, 354, 504
of the Indian Penal Code and under
Sections 8 & 12 of the POCSO Act registered with Ambad Police
Station, Nashik.

2.

Heard Learned Advocate Shri R.D.Avhad, for the
applicant and learned A.P.P. Smt. Jadhav for the State. The
informant alongwith Victim also present before the Court.
Perused the papers of investigation.

3.

It is the case of the prosecution that the applicant
induced minor victim, kidnapped her and outraged her modesty.

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4.

Cri.BailAppln.No.1037/22­Ex.1
On perusal of record, it reveals that on 28.07.2022
minor victim went with the applicant. It is also contended that
the mother of victim made phone­call to the applicant but he
replied that they should not harass them, otherwise, they would
do something wrong with their life. Applicant and minor victim
came to be apprehended on 15.08.2022. There are no allegations
that the applicant committed sexual exploitation of the minor
victim.

Learned Advocate for the applicant produced some
photographs of applicant and victim which reflects that they are
engated in love­affair. No allegation in the report that applicant
has committed any violent act against the minor victim.

In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354­A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
5.

Howsoever it may be, it reveals from record that
applicant came to be arrested on 15.08.2022. There is no any
recovery or discovery
as such remained from the applicant.

According to ld. Advocate for the applicant, the applicant is a
local resident and is ready to abide any conditions on grant of
bail. Considering all these aspects, this Court is of the view that
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Cri.BailAppln.No.1037/22­Ex.1
applicant can be released on bail by imposing certain conditions.
Hence the order.

:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Jibran Jamir Shaikh
arrested in C.R. No. 214/2022 for the offences
punishable under Section 363, 354, 504 of the
I.P.C. and under Sections 8 & 12 of the
POCSO Act registered with Mhasrul Police
Station, Nashik be released on bail in the
sum of Rs.15,000/­(Rupees Fifteen Thousand
only) with a surety in the like amount subject
to following conditions :­
a] That he shall not tamper with
prosecution evidence in any manner.

the
b] Applicant is directed not to enter the
area/vicinity where the victim resides till end
of trial.
c] Applicant is directed to furnish his
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 24.08.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.24
17:45:05 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.BailAppln.No.1037/22­Ex.1
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Cri.BailAppln.No.1037/22­Ex.1