Order below Exh.1 in Bail Application No.1588/2022

Laxman Sukdeo Bendkule .. Applicant/Accused.

Vs.

The State of Maharashtra through Police Inspector, Dindori Police Station, Nashik. (Cr. No.I 400/2022)
.. Prosecution

Order below Exh.1

1.The applicant/accused Laxman Sukdeo Bendkule claims bail in C.R. No. I­400/2022 for the offences punishable under Sections 363, 376(1), 376(3) of the Indian Penal Code and 4 of POCSO registered with Dindori Police Station, Nashik.

2. Heard Learned Advocate Shri C. S. Shirsath, for the applicant and learned A.P.P. Shri Kotwal for the State. Perused the papers of investigation. Victim is present before the Court.

She has stated that, she has no complaint against the accused.

She is not acquainted with him. She do not know as to why her parents has lodged report.

3.It is the case of the prosecution that applicant induced the minor victim, kidnapped her and had sexual relations with her.

4.Ld. Advocate for the applicant submitted that the applicant and victim were engaged in love affair. He has not committed any offence as alleged. On perusal of record, it reveals that there is no any documentary evidence on record to show the age of victim. Missing report reflects that on 28.11.2022 victim left her house on her own under the pretext that she is going to attend her school and did not return to her house as usual.

Victim has refused to support the case of her parents. There are no allegations in the report that the accused acted violently against the minor victim.

5.

Howsoever it may be, it reveals from record that the applicant came to be arrested on 29.11.2022. He is a young boy of 24 years old. There is no any recovery or discovery as such remained from the applicant. According to learned advocate for the applicant, the applicant has no criminal antecedents. The applicant 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 Laxman Sukdeo Bendkule arrested in C.R. No. I­400/2022 for the offences punishable under Section 363, 376(1), 376(3) of the Indian Penal Code and 4 of POCSO registered with Dindori Police Station be released on bail in the sum of Rs.50,000/­(Rupees Fifty 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 filing of chargesheet.

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

Nashik. (Aditee U. Kadam) Date : 20.12.2022. Additional Sessions Judge­2, Nashik.

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