Order Below Exh.1 in Cri. B. Appln. No. 629/2022
(CNR No. MHNS010024132022)
Kiran Balasaheb Nannavare Vs. State.
Heard:
Ld. Adv. Mr. Pratik R. Kalantri for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.

1.

This is an application under Section 439 of the Code
of Criminal Procedure, 1973 in Crime No.97/2022 registered at
Police Station, Wavi, Dist. Nashik, for the offence punishable under
Sections 363 of the Indian Penal Code, 1860 (hereinafter referred
to as IPC) and Sections 8 & 12 of the Protection of Children from
Sexual Offences Act. It is the case of prosecution in brief that the
accused kidnapped the minor victim aged 15 years.
2.

Ld. Adv. for the applicant has submitted that initially
the FIR was lodged only under Sec. 363 of the I.P.C. After the
victim eloped with the accused at night, she was brought back
home at 4.00 a.m. itself the same morning and thereafter Sections
8 & 12 of the POCSO Act have been added without any allegation
against the applicant. There was a love­affair between the
applicant and the victim and she had herself called him to
accompany her. Applicant is ready to abide by the terms and
conditions imposed by the Court.
3.

Per contra, Ld. A.P.P. has opposed the bail application
on the ground that there is prima­facie case against the applicant.
Investigation is in progress and charge­sheet is yet to be filed.
Motorcycles used in the offence need to be recovered.

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4.

Cri. B. Appln. No. 629/2022
Order Exh.1
Material part of the investigation is over. Applicant is
ready to abide by the terms and conditions imposed by the Court.
Considering the same and considering the peculiar facts and
circumstances of the case, no purpose will be served by keeping
the applicant behind bars. In view thereof, I am inclined to allow
the application subject to the following terms and conditions.
ORDER
1]
The application is hereby allowed.

2]
Applicant Kiran Balasaheb Nannavare be released on bail
by executing P.R. and S.B. of ₹30,000/­ with one or two local
sureties of like amount.
3]
Applicant shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted with the
facts of accusation, so as to dissuade him/her from disclosing such
facts to the Court or to the police officer and shall not tamper with
the prosecution evidence in any manner.
4]
Applicant shall not commit any offence and shall attend all
dates of hearing after the filing of charge­sheet.
5]
Applicant is duty bound to inform the I.O. and the court
about his change of address, if any.
6]
Applicant shall furnish residence and ID proof of two blood
relatives to the I. O.
7]
Applicant shall co­operate with the police in seizure of the
motorcycles (if required by the I.O.)
(Order is dictated & pronounced in open court).
MRIDULA
BHATIA
Nashik
04/06/2022
Digitally signed
by MRIDULA
BHATIA
Date: 2022.06.04
15:22:15 +0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.