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Cri. Bail Application No. 918 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 918 OF 2022
{Jijabai Anil Donde and another vs. The State of Maharashtra through
Ambad Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicants-accused in crime
No. 243 of 2022 registered with Ambad Police Station, Nashik for the
offences punishable under sections 363, 368, 120b read with 34 of the I.
P. C.
02]
The applicants contended that false and fabricated case is
registered against them. They are ladies and permanent resident of
Nashik. Their families are dependent on them. They have no criminal
antecedent. They are labourers. The F. I. R. is lodged belatedly. Nothing
remained to be recovered from them. Offence is not punishable with
imprisonment for life or death. Now, the victim girl is in custody of her
parents. Now, the investigation is completed and charge sheet is filed.
They are ready to abide by any conditions imposed by the court. They
have prayed for grant of bail.
03]
learned APP has filed say at Ex. 03 and I. O. has also filed
say at Ex. 04. They have stated that the offence is of serious nature. All
the accused hatched criminal conspiracy to kidnap the victim girl aged
one year and six months. They systematically kidnapped the victim girl
with the intention to sell her. The offence is committed with cool mind.
The investigation is going on. But, charge sheet is filed. The object of
kidnapping was to give the victim girl in adoption. A bad massage
spread in the society about this offence and if accused is released on
bail, they may abscond and may threat the witnesses. Hence, they have
prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken.

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05]
I have gone through application, say, arguments,
documents, police papers. There is prima-facie case against the
accused. The previous bail application was rejected as investigation
was going on. Now, the investigation is completed and charge sheet is
filed. The complainant is also not residing within the vicinity of the
accused. So, chances of tampering of evidence and threatening of the
prosecution witnesses is very less. The accused are lady and have no
criminal antecedent. The offence is not punishable with death or
imprisonment for life. No purpose will serve to keep the accused
behind bar. Hence, they are entitled for bail on suitable terms and
conditions. Hence, the following order:
ORDER
01]
Application is allowed.

02]
Accused namely Jijabai Anil Donde and Kamal
Balasaheb Ghagarmale be released on bail on
executing personal bond of Rs. 15,000/- with one
or more surety in the likewise amount each
respectively in crime No. 243 of 2022 registered
with Ambad Police Station, Nashik for the offences
punishable under sections 363, 368, 120b read
with 34 of the I. P. C.

03]
The accused shall attend police station, as and
when their attendances is required by the I. O.

04]
They shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the
court or to any police officer to tamper with the
evidence.

05]
They shall not tamper the prosecution evidence in
any manner.

06]
They shall not leave India without permission of
this court.

07]
They shall not commit similar type of offence.

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Cri. Bail Application No. 918 of 2022
08]
They shall furnish their detailed address with proof
and their mobile numbers.

09]
Bail before concerned court of Judicial Magistrate
First Class.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.25
18:43:39
+0530
Date : 21.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.