1 Cri.BailAppln.No.1167/22Ex.1
Order below Exh.1 in Cri. Bail Application No.1167/ 2022
1/Kiran Sunil Donde & 1 .. Applicants Accused.
Vs.
The State of Maharashtra through PI Satpur Police St. .. Respondent. Nashik. (Cr. No. 221/2022)
Order below Exh. 1
1.The applicant/accused Kiran Sunil Donde and Sagar Suresh Rakshe claims bail in C.R. No. 221/2022 for the offences punishable under Sections 363, 376, 368 r/w. 34 of the Indian Penal Code and under Sections 4 of the POCSO Act registered with Satpur Police Station, Nashik.
2.Heard Learned Advocate Shri P.R.Shejwal, for the applicants and learned A.P.P. Smt. Sangale for the State. The informant alongwith her learned Advocate Shri M.M.Kurkute also present before the Court and resisted the application by filing say vide Exh.9. Perused the papers of investigation.
3.It is the case of the prosecution that the applicants are involved in the offence of kidnapping and rape committed by accused No.1 upon minor victim.
4.On perusal of record, it reveals that the applicants are not directly concerned with the main offence either of kidnapping or facilitating rape, allegedly committed by accused No.1 upon minor victim. It is alleged that the applicants have facilitated the commission of offence. Accordingly, applicants came to be arrested on 19.09.2022.
5.Now, there is no any recovery or discovery as such remained from the applicants. According to ld. Advocate for the applicants, the applicants have no criminal antecedents. They are ready to abide any conditions on grant of bail. Considering all these aspects, this Court is of the view that applicants can be released on bail by imposing certain conditions. Hence the order.
:: O R D E R ::
1] The application is allowed.
2] ApplicantAccused Kiran Sunil Donde & Sagar Suresh Rakshe arrested in C.R. No. 221/2022 for the offences punishable under Section 363, 376, 368 r/w. 34 of the I.P.C. and under Sections 4 of the POCSO Act registered with Satpur Police Station, Nashik be released on bail in the sum of Rs.15,000/(Rupees Fifteen Thousand only) each with a surety in the like amount subject to following conditions :
a] That they shall not tamper with the prosecution evidence in any manner.
b] Applicants are directed not to enter the area/vicinity where the victim resides till end of trial.
c] Applicants are directed to furnish their permanent address proof, mobile number.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.28 10:43:14 – 0600
Nashik. (Aditee U. Kadam) Date : 26.09.2022. Additional Sessions Judge2, Nashik.