1
Cri.BailAppln.No.911/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.911/ 2022
Khandu Jivala Dagale
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Dindori Police St.
(Cr. No. I 167/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Khandu Jivala Dagale
claims bail in C.R. No. I­167/2022 for the offences punishable
under Sections 366­A, 376(2)(f), 451 of the Indian Penal Code
and under Sections 4, 6, 8, 12 of the POCSO Act registered with
Dindori Police Station.

2.

Heard Learned Advocate Shri G.L.Bodke, for the
applicant and learned A.P.P. Smt. Jadhav for the State. The
victim alongwith her father is present before the Court. IO is
also present. Perused the papers of investigation.

3.

It is the case of the prosecution that applicant is the
uncle of minor victim who is only 15 years old.

He has pick up
her when she was sleeping with her parents and siblings at her
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Cri.BailAppln.No.911/22­Ex.1
house, took her at backyard of the house and forcefully
committed rape upon her under the threat to kill her.
4.

The ld. Advocate for the applicant submitted that the
applicant has no concern with the alleged offence.
the verge of majority.

Victim is on
Parents of victim had dispute with the
applicant. Therefore, they have falsely implicated him with the
help of minor victim.

Applicant was arrested on 15.05.2022.

Now, charge­sheet has been filed, his physical custody is no more
required.

Therefore, learned Advocate for applicant submitted
that applicant be released on bail.

5.

Per contra, ld. APP resisted the application with the
contention that offence committed by the applicant is very much
heinous in nature. He has sexually ravished a child who is only
15 years old.
victim.

Applicant is residing at neighbour of the minor
He is relative of informant party i.e. he is uncle of the
minor victim.

Thereby, he has taken undue advantage of his
position and sexually ravished the child. If he would be released
on bail, he will certainly pressurize the minor victim. Therefore,
ld. APP submitted that the application be rejected.
6.

On perusal of record, it reveals that the applicant is
34 years old married person who has children.

Minor victim is
the niece in relation. Medical report of the victim did not reflect
any injury on her person.

But considering the dominating
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Cri.BailAppln.No.911/22­Ex.1
position of the applicant/accused, age of minor victim, relations
between them and the circumstances, under which applicant
overpowered the child, her surrender without resistance is a
quiet natural.

Surprisingly, medical history recorded in the
medical report of accused reflects that he has consensual
relations with the victim.
of age.

Apparently, victim is below 16 years
She is not matured enough to understand the
consequences of sexual act.

Moreover, applicant is her uncle.

Therefore, prima facie concern of the applicant with alleged
offence is very well established on record with the help of
consistent statement of the witnesses, medical report and other
prima facie evidence on record.

Though, there is no injury on
the person of victim, it cannot be said she was not sexually
ravished.

Rape is a crime and not a medical condition.

Statement of victim is much consistent with the prosecution
case.
7.

It is the contention of ld. Advocate for applicant that
the parents of victim have falsely implicated the applicant on the
basis of differences between them. But normally neither parents
nor any girl would come forward to lodge the complaint of rape
by keeping her chastity at stake.

Falsity of the case could be
gone into only in a full­fledged trial.

The offence allegedly
committed by the applicant is very much serious and heinous in
nature.

The maximum punishment contemplated u/s. 4 of the
POCSO Act can extend upto imprisonment for life with a
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Cri.BailAppln.No.911/22­Ex.1
minimum sentence of seven years.

Thus, viewed from any
angel, the applicant is not entitled for the relief claimed.

In
such circumstances, if the applicant/accused would be released
on bail, there is every possibility that he would pressurize the
victim and tamper with the prosecution evidence.

He may flee
away from the justice. Considering all these aspects, this Court
is of the view that application filed by the applicant is devoid of
merit. Hence the order.

:: O R D E R ::
1]
The application (Exh.1) stand rejected.
ADITEE
UDAY
KADAM
Nashik.
Date : 29.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.30
16:19:23 0600
(Aditee U. Kadam)
Additional Sessions Judge,
Nashik.

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Cri.BailAppln.No.911/22­Ex.1
ORDER
1/­
Application is hereby allowed.

2/­
In the event of arrest of the applicant – Amol
Avinash Chavan in C.R. No. 16/2022 of Wani Police
Station, be released on
PR and SB of Rs.20,000/­
with one or two solvent sureties in the like amount
subject to following conditions.

a)
Not to act in manner injurious to the interest of
the prosecution.

b)
maintain law and order.

c)
furnish the address of his residence, copy of Pan
or the Adhar card at the time of execution of bond
and shall not change the residence without prior
permission of this Court.

d)
He shall attend the concerned police station as
and when called by the Investigating Officer and
cooperate with the investigation.

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Cri.BailAppln.No.911/22­Ex.1
( Smt. S.S. Nair )
Date : 02.05.2022.

Addl. Sessions Judge ­4, Nashik.