Order Below Exh.1 in Cri.B.Appln.No. 380/2022
(CNR No. MHNS010012812022) Lahunath @ Lahudas Pandharinath Bhangare Vs. State.

Heard:
Ld. Adv. Mr. S. J. Deshpande for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

I.O. present.

1.This is an application under section 438 of the Code of Criminal Procedure in Crime No. 36/2022 registered at Peth, Police station Dist. Nashik for the offence punishable under Sections 363 & 376 of the Indian Penal Code, 1860 and Sections 4, 8 & 12 of the POCSO, Act. It is the case of prosecution in brief that the applicant/accused kidnapped the minor 13 year old victim and raped her.

2.Ld. Advocate for the applicant has submitted that there was a love­affair between the victim and the 19 year­old applicant.

He has filed photographs on record to substantiate his argument.

Nothing needs to be recovered from him. There is no necessity of custodial interrogation. Applicant is ready to co­operate with the investigating agency.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicant is necessary.

4.Applicant is ready to comply with the terms and conditions imposed by the court. He is a 19 year old student.

Considering the same and considering the peculiar facts and circumstances of the case, I am inclined to allow the application subject to the following terms and conditions.

ORDER

1) Application is hereby allowed.

2) In the event of arrest of applicant (Lahunath @ Lahudas Pandharinath Bhangare), he be released on executing P. R. and S. B. of ₹15, 000/­ with one local surety of like amount.

3) Applicant shall co­operate in the investigation and shall attend the concerned police station on every Monday and Friday between 11.00 a.m. to 1.00 p.m. till the filing of charge­sheet. In addition, he shall handover his mobile phone to the I. O. (if required) and shall also make himself available for medical examination as directed by the I. O.

4) 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.

5) Applicant shall not commit any offence and shall not contact the victim.

6) Applicant shall attend all dates of hearing after the filing of the charge­sheet.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.05 19:00:50 +0530 Nashik Mridula Bhatia 05/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.