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Cri.B.A.No.923/22OrderEx.1.
Order below Exh.1 in Bail Application No. 923/2022
1/
Khushal Balu Sonawane & 7
..
Applicants/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan.
(Cr. No.I 134/2022)
Order below Exh.1.
1.
This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail
in the event of their arrest in the aforesaid Crime registered at
Kalwan Police Station, Kalwan for the offence punishable under
section 143, 147, 148, 149, 354, 452, 427, 504, 506 of the Indian Penal
Code and accordingly interim protection was granted to applicants.
2.
Heard Mr. A.G.Donde learned Advocate for applicant and
learned APP Smt. Jadhav. The informant appeared through his
advocate Mr. V.P.Pagar. Perused the say filed by IO and also perused
the papers.
3.
It is the case of the prosecution that the applicants
committed criminal trespass into the house of informant, assaulted,
abused the informant and other witnesses and during the course,
outraged the modesty of informant.
4.
Ld. Advocate for the applicants submitted that there is
case and crosscase. No specific allegations are made against any of
the accused. There is a delay in lodging report which is not explained
by the informant. All the applicants are of very young age persons.
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Cri.B.A.No.923/22OrderEx.1.
Overall incident appears to be of quarrel between the parties.
As
such, prima facie, involvement of the applicants and intention to
outrage modesty in alleged offence is found to be dubious one. On
these amongst ground, interim bail was granted to applicant on
22.07.2022.
In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
5.
Now, say is filed by the IO with formal objections. It
appears that applicants cooperated the investigation.
As per the
contention of ld. Advocate for the applicants, they are local resident
and they are ready to abide any conditions imposed upon them.
Therefore, considering all these aspects, this Court is of the view to
confirm the interim protection granted to applicants. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants on
22.07.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 23.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.23
17:44:29 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.B.A.No.923/22OrderEx.1.