Order Below Exh. 1 in Cri. B. Appln. No. 445/2022 (CNR No. MHNS 010016372022 )
Lalit Vasantrao Nikam V/s. State
Heard: Ld.Adv. Mr. S. V. Bhate for the applicant.
Ld.A.P.P. Ms.S.S.Sangale for the State.
Perused the say of the victim.
1.This is an application under Section 439 of Criminal Procedure Code in Crime No. 42/2022 registered at Police Station, Gangapur, Nashik for the offence under Section 376(2) (N), 377, 328, 313 & 506 r/w Sec. 34 of I. P. C. It is the case of prosecution in brief that the applicant/accused No. 1 committed sexual intercourse with the victim on the false promise of marriage, while the coaccused (his wife, friend and friend’s wife) forced her to get an abortion done. The applicant and the victim were business partners and were running a Salon. The applicant impregnated the victim and she is 8 months pregnant now.
2.Ld. Adv. for the applicant has submitted that the applicant is a married man with two daughters, while the complainant is living separately from her husband and has one child. The complainant and the applicant are way into adulthood. The complainant was aware from the very beginning that the applicant is married. She was therefore well aware of the consequences of her action and the relationship. It is not her case that the applicant committed forcible sexual intercourse with her. As per her own case, she had become pregnant through him earlier also and had got an abortion done. The complaint came to be filed after the applicant denied his paternity which will now be determined after the DNA test report is received by the investigating machinery. Material part of the investigation is over and chargesheet is about to be filed.
Applicant is ready to abide by the terms and conditions imposed by the Court.
3.Per contra, Ld. A.P.P. has opposed the application on the ground that there is primafacie case against the applicant.
The applicant has used the victim for his own advantage and has disowned her and has left her in a lurch.
4.Primafacie, the case appears to be of consensual sex by two adults. It is also not the case of the complainant that she was not aware of the marital status of the applicant. Material part of the investigation is over and chargesheet is about to be filed. In view of the foregoing discussion, I am inclined to allow the application in terms of the following order: ORDER
1] Application is hereby allowed.
2] Applicant Lalit Vasantrao Nikam 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 witnesses in any manner.
4] Applicant shall not commit any offence and shall attend all dates of hearing after 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.
(Dictated and pronounced in open Court) Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 18:58:45 +0530 Nashik ( M. V. Bhatia) 21/04/2022 District Judge2 and Additional Sessions Judge, Nashik.