1
Cri.B.A.No.741/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 741/2022
Kailas Popatrao Pagar
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Panchawati Police Station, Nashik.
(Cr. No.I 169/2022)
..

Prosecution
Order below Exh.1.
1.

This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing him on anticipatory bail
in the event of his arrest in the aforesaid Crime registered at MIDC
Police Station, Sinnar for the offence punishable under section 376(2)
(n), 504, 506 of the Indian Penal Code and accordingly, interim
protection was granted to applicant on 14.06.2022.

2.

Heard Learned Advocate Shri M.Y.Kale, for the applicant
and learned A.P.P. Shri Nikam for the State. The intervenor is also
present. IO is also present. Perused the papers of investigation.
3.

It is the case of the prosecution that the applicant induced
the informant on false promise of marriage and thereby sexually
assaulted her.

4.

Ld. Advocate for the applicant pointed out that the
informant is 27 years old major and matured lady.

She was in
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Cri.B.A.No.741/22­Order­Ex.1.

relationship with the applicant since long.

She has performed
marriage with another person. There is much delay in lodging report.
Considering all these aspects, prima facie, case against the applicant
found to be in cloud.

Considering contentions put­forth by the
applicants, prima facie case against the applicant found to be dubious
one.

On these amongst grounds, interim bail was granted to the
applicants on 14.06.2022.

Now, say is filed by the IO and the
objections are raised.

5.

It is further pointed out that two days before lodging of the
report in this matter, the informant has lodged complaint against the
applicant with the allegations of outraging the modesty. After two
days, she has lodged this report with the allegations of rape.
Howsoever it may be, considering allegations in the report, it is
apparent that the informant being major and matured lady, is having
enough understanding to indulge in physical relationships with the
person other than husband.

Further, it is apparent that she was in
relationships since long but she has not taken any steps to resist the
same. Applicant has produced various photographs and alleged love­
letter written by informant to applicant.
documents
indicate
long
relationships
All these prima facie
between
applicant
and
informant.

6.

Considering the nature of accusation and investigation
thereof, it is clear that the physical custody of the applicant would not
be required.

The ld. Advocate for the applicant submitted that the
applicant is reputed businessman and he has no criminal antecedents.
He is permanent local resident.

Therefore, considering all these
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Cri.B.A.No.741/22­Order­Ex.1.

aspects, this Court is of the view to confirm the interim protection
granted to applicant by imposing certain conditions. Hence, the order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
The interim protection granted to applicant on
14.06.2022
stands
confirmed
subject
to
conditions therein.

3]
The applicant is directed to mark presenty in
concerned police station on 2nd and 4th Saturday
in between 10.00 am to 12.00 noon, till filing of
charge­sheet.

4]
Applicant is directed not to enter the
area/vicinity where the informant resides till
end of trial.

5]
Informed PSO accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 27.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.27
18:08:08 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.