Order below Exh.1 in Cri. Bail Application No.1174/ 2022

Kajal Siddhartha Gaikwad .. Applicant Accused.

Vs.

The State of Maharashtra through PI Panchawati Police St. .. Respondent. Nashik. (Cr. No. I 178/2022) Order below Exh. 1

1.The applicant/accused Kajal Siddhartha Gaikwad claims bail in C.R. No. I­178/2022 for the offences punishable under Sections 363, 366­A, 370, 370­A, 376(2), 376­D r/w. 34 of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act and u/s. 9 of the Prohibition of Child Marriage Act registered with Panchawati Police Station, Nashik.

2.Heard Learned Advocate Shri A.K.Kale, for the applicant and learned A.P.P. Smt. Sangale for the State. The victim was already heard in previous bail application. Perused the papers of investigation.

3.It is the case of the prosecution that the applicant and other accused kidnapped minor victim and illegally performed her marriage with accused No.1. Victim is only 12 years old. She was sexually ravished and is pregnant out of such relations.

4.On perusal of record, it reveals that missing report was lodged by the uncle of victim that his niece left the house without giving intimation to anyone and was not found though they searched for her in the vicinity. On perusal of record, it reveals that victim is only 12 years old. Bonafide certificate to that effect is obtained from the school of victim. Statement of the victim reflects series of incident as to how she was kidnapped and sold to the accused. She has specifically stated about sexual exploitation by the accused No.1. Victim was present in the Court. Her age can be ascertained even at a glance. Victim was carried to Madhya­Pradesh by the other accused. It reveals from the record that applicant is the sister of accused No.1. She is the prime accused who initiated the crime.

Victim was working with her as her maid. She has facilitated the commission of offence. Thus, concern of the applicant­accused with the alleged offence is prima facie clear.

5.There is absolutely no concern of the informant with applicant­accused and thereby there is no possibility of false implication. Offence is very much serious and heinous in nature. It is the crime against humanity. Maximum punishment contemplated under Section 4 of the POSCO Act can extend upto imprisonment for life. Thus, viewed from any angel, applicant is not entitled for grant of bail.

Hence, the order.

O r d e r

Application Exh.1 stands rejected.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.28 16:34:18 – 0600
Nashik. (Aditee U. Kadam) Date : 28.09.2022. Additional Sessions Judge­2, Nashik.