MHNS010045152020 Order below Exh.1 in Cri. Bail Application No.1657/2020.
{ Khandu Manohar Bhoye 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 13.11.2020 in Crime No. 84/2019 for the offence punishable under section 376(2)(j) of the Indian Penal Code and sections 6, 8 and 12 of the Protection of Children From Sexual Offences Act registered with Ambad Police Station, Nashik on the accusation that from May 2018 to 01.02.2019 at various places, the accused committed aggravated penetrative sexual assault on the victim a minor and impregnated her and thereby committed 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. There is huge delay to register the offence. He 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. Investigation is not yet completed. 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. A.K. Nehe appearing on behalf of the applicant and learned A.P.P. I have also perused the investigation papers made available by the Investigating Officer.
Perusal of record primafacie, it appears that the victim is minor.
On 01.02.2019, she gave birth to a male child. The recitals of FIR further shows that the applicantaccused is married and residing with his family members adjacent to the victim family. The investigation is not yet completed. The Investigating papers primafacie show the active participation of applicant in this crime. The allegations against the applicant are well founded. The scope of investigation appears to be very wide. In order to carry out proper investigation, custodial interrogation of the applicant appears to be necessary. If the applicant is released on bail, there will be hurdle in further investigation. Considering the nature and gravity of accusations, I am of the opinion that the applicant has not made out the case for grant of bail. With this, I proceed to pass the following order.
O R D E R
Application stands rejected.
Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.14
Jadhav 16:55:50 +0530 ( Smt. S.C. Jadhav ) 14th December, 2020. Additional Sessions Judge8,
Nashik.