MHNS010054822020
Order below Exh.1
in Cri. Bail Application No.1841/2020.

{ Jitendra Dhondiram Giram 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 12.12.2020 in Crime No. 125/2019 for the offence punishable under sections 376(2)(n) of the Indian Penal Code registered with Sinnar Police Station, District Nashik on the accusation that on 17.08.2017 and thereafter from time to time, the accused raped the victim­informant by giving her false promises of marriage and thereby committed an offence.

3.The applicant contends 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. This is a false case filed by informant under the pressure of her husband who had a doubt on her character. The applicant is behind bar from the date of his arrest. Investigation is almost completed. Nothing is to be recovered or discovered from him. 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. Kurkute appearing on behalf of the applicant and learned A.P.P. Mr. Nikam. I have also perused the investigation papers made available by the Investigating Officer. The recitals of FIR prima­facie show that the victim and applicant are well acquainted with each other. The alleged incident took place on 17.08.2017. It further prima­facie appears that the informant and applicant­accused were in physical relationship and out of that relationship, the informant has delivered a female child on 05.03.2019. Thereafter, on 20.03.2019 the offence came to be registered. Considering the allegations the possibility of consensual physical relationship cannot be ruled out. Nothing is to be recovered or discovered at the instance of applicant­accused. 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 Applicant­Jitendra Dhondiram Giram be enlarged on bail, in Crime No. 125/2019 for the offence punishable under sections 376(2)(n) of the Indian Penal Code registered with Sinnar Police Station, District Nashik, on furnishing personal bond of Rs.30,000/­ with one or two sureties 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 furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2021.01.12 16:13:29 Jadhav
+0530 ( Smt. S.C. Jadhav ) 12th January, 2021. Additional Sessions Judge­8, Nashik.