1 Cri.BailAppln.No.1082/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1082/ 2022

Krishna @ Kishor Santu Gumbade .. Applicant Accused.

Vs.

The State of Maharashtra through PI Ambad Police St. .. Respondent. Nashik. (Cr. No. 406/2022)
Order below Exh. 1

1.The applicant/accused Krishna @ Kishor Santu Gumbade claims bail in C.R. No. 406/2022 for the offences punishable under Sections 376(2)(n), 354, 354­B of the Indian Penal Code and under Sections 4, 6, 8 & 12 of the POCSO Act registered with Ambad Police Station, Nashik.

2.Heard Learned Advocate Shri G.L.Bodke, for the applicant and learned A.P.P. Smt. Gore for the State. The informant alongwith Victims are also present before the Court and resisted the application by filing her say vide Exh.8. Perused the papers of investigation.

3.It is the case of the prosecution that the applicant sexually abused and exploited minor daughters of the informant.

4.On perusal of record, it reveals that the informant herself has given a supplementary statement and stated before police that she has lodged false complaint against the applicant. Both alleged minor victims refused to undergo medical examination. Learned Advocate for the applicant also submitted that applicant was residing with informant and her two daughters since long. This complaint is lodged out of personal vengeance. Therefore, it is requested to release the applicant on bail.

5.It reveals from record that applicant came to be arrested on 30.08.2022. There is no any recovery or discovery as such remained from the applicant. According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is a local resident and is ready to abide any conditions on grant of bail. Considering all these aspects, this Court is of the view that applicant can be released on bail by imposing certain conditions. Hence the order.

:: O R D E R ::
1] The application is allowed.

2] Applicant­Accused Krushna @ Kishor Santu Gumbade arrested in C.R. No. 406/2022 for the
offences punishable under Section 376(2)(n), 354, 354­B of the I.P.C. and under Sections 4, 6, 8 & 12 of the POCSO Act registered with Ambad Police Station, Nashik be released on bail in the sum of Rs.15,000/­(Rupees Fifteen Thousand only) with a surety in the like amount subject to following conditions :a] That he shall not tamper with the prosecution evidence in any manner.

b] Applicant is directed not to enter the area/vicinity where the victim resides till end of trial.

c] Applicant is directed to furnish his permanent address proof, mobile number.

Nashik. (Aditee U. Kadam) Date : 07.09.2022. Additional Sessions Judge­2, Nashik.