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Cri.B.A.No.922/22OrderEx.1.
Order below Exh.1 in Bail Application No. 922/2022
Kunal Dilip Jagtap
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Ambad Police Station, Nashik.
(Cr. No.I 313/2022)
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicants/accused under section 439 of Cr.P.C. for releasing
him on regular bail in the aforesaid Crime registered at Ambad
Police Station, for the offence punishable under sections 376(2)
(n), 342, 504, 506 of the Indian Penal Code.
2.
Heard Learned Advocate Shri H.S.Gaikwad, for the
applicant and learned A.P.P. Smt. Jadhav for the State. IO is
also present. Also perused the say filed by informant and also
heard Shri A.J.Bhide for informant. Perused the papers of
investigation.
3.
It is the case of the prosecution that the applicant has
forcefully committed rape upon the informant for the first time
in October 2021 and thereafter also it continued on frequent
occasion under threat.
4.
Learned Advocate for the informant has placed his
written contention on record.
It is submitted that material
produced by the applicant on record i.e. photographs and the
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Cri.B.A.No.922/22OrderEx.1.
statement of the informant dated 11.05.2021 has no substance.
On the contrary, informant has produced on record CD of the
phone recording wherein threats given by the applicant are
recorded.
Therefore, it is the contention of prosecution/
information that bail application filed by the applicant be
rejected.
5.
Per contra, learned Advocate for the applicant
submitted that the informant is a married and mature lady. She
had loveaffair with the applicant since long.
She was residing
in liveinrelationship with the applicant since 02.05.2021.
Informant has given a statement to that effect before Police on
11.05.2021. She has not lodged report or any single NC against
applicant till filing of this report.
Delay in lodging report is not
explained. Applicant has produced photographs to show that the
informant was in relationship with him.
Even the father of
informant has lodged complaint against applicant but in that
complaint also, informant has given a statement that she has no
grudge against the applicantaccused.
Thus, it is contention of
the learned Advocate for the applicant that the relationships
between applicant and informant is consensual one. Prima facie
case is not made out. Therefore, applicant be released on bail.
6.
On perusal of record, it reveals that the report is
lodged on 30.06.2022.
Apparently, informant is 30 years old
married lady who has a child of 5 years old.
Since 2015,
informant was residing at the neighbour of applicant who was
also a married person.
Photographs produced on record prima
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Cri.B.A.No.922/22OrderEx.1.
facie give vivid idea about the relationship between applicant
and informant.
They have attended family function together.
They have celebrated birthday and also celebrated the occasion of
purchasing car by the applicant.
There are many photographs
which shows the happy moments during Video call between
applicant and the informant and so on. Thus, overall contention
in the report are prima facie found to be dubious one.
7.
The informant who is major and mature lady, had
sufficient knowledge and understanding of what she was doing.
The conduct of the informant is prima facie indicative of the fact
that she voluntarily accompanied accused and had happy
relations with him.
According to her, first incident occurred in
October 2021. Her contention that she was under fear of threat
is mysterious.
She was residing with her family including her
husband. It is her contention that she has narrated the incident
to her husband but then, also due to fear of reputation, they did
not proceed to lodge report.
On the contrary, the photographs
produced on record speaks otherwise.
contention
by
the
informant
as
to
Therefore, overall
forcefully
rape
and
continuation of the same on frequent occasion prima facie found
to be in cloud.
8.
Howsoever it may be, applicant came to be arrested on
29.06.2022. He is behind bar for about one month. Considering
the nature of accusation and investigation thereof, it is clear that
there is no recovery or discovery as such remain from the
applicant. Physical custody of the applicant is thus, no more
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required.
Cri.B.A.No.922/22OrderEx.1.
As per the contention of ld. Advocate, the applicant
has no criminal antecedents. He is a local resident and he is
ready to abide any conditions imposed upon him. Considering all
these aspects, this Court is of the view to release applicant on
bail with certain conditions. Hence, the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Kunal Dilip Jagtap
arrested in C.R. No. I313/2022 for the
offences punishable under Section 376(2)
(n)342, 504, 506 of the I.P.C. 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
prosecution evidence in any manner.
the
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.
ADITEE
UDAY
KADAM
Nashik.
Date : 01.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.01
17:52:57 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.