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Cri. Bail Application No. 1245/ 2020
Madhukar Laxman Asware
..
Applicant/
Accused.
..
Respondent.
Vs.
The State of Maharashtra
through P.I. Sinnar P.Stn.
(Cr. No. I 600 /2020)
Order below Exh.1
1.
This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in Crime
No.I 600/2020 registered at Sinnar Police Station for the offences
punishable under section 363, 366A, 376(j)(n) of the Indian Penal Code
and section 4, 8 & 12 of the POCSO Act, 2012.
2.
According to the prosecution case, the FIR was lodged by the
father of the victim on 6.8.2020 alleging therein that his daughter who is
a minor girl was found missing from home. He lodged missing report in
the police station to that effect. Later, he came to know that the applicant
has induced her to elope with him to with ill intention to have illicit
relations with him. Based on his statement, the FIR / Crime was registered
against the applicant/accused. He was arrested on 08.08.2020 and he is
in custody since then .
3.
The learned counsel Mr. G.M. Shaikh appearing for the
applicant/accused has submitted that the victim is on the verge of majority
and they were in love with each other. She has voluntarily accompanied
the applicant. There was no force on his part. Her family members were
against the said relationship. So, they both eloped. Thus, he has not
committed any offence. He is ready to abide by all the terms & conditions
imposed by this Court. Hence, he prays to allow the application.
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4.
The Investigating Officer has filed his Say on record at Exh.4
and strongly opposed the application stating that the offence is serious in
nature.
The applicant had kidnapped the minor on the pretext of
performing marriage with her. They are residing in the same locality. If
he is released on bail there is every possibility that he may threat the
complainant, victim or the witnesses. The investigation is in progress.
Hence, it was prayed for rejection of the application. The learned APP
Smt. Bhide submitted her objections in line with the say of the
Investigating Officer.
5.
After hearing both the sides and perusing the record, it
appears that the victim is 17 years old girl.
She is on the verge of
majority. The act appears to be consensual. Considering the period of
detention, age of the victim , nature of the allegations being consensual
and as the chargesheet is filed as well the present situation of Covid19,
I am inclined to grant bail to the applicant on the following terms &
conditions. With this I proceed to pass following order. :
ORDER
1.
Application is hereby allowed.
2.
Applicant/Accused – Madhukar Laxman Asware shall
be released on bail on furnishing his P.R.bond of
Rs.20,000/ with one or more sureties in the like
amount on the following conditions. :
He shall
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3.
(a)
not act in manner injurious to the interest of the
prosecution.
(b)
maintain law and order.
(c)
furnish the address of his residence, copy of
Pan and Adhar card at the time of execution of
bond and shall not change the residence without
prior permission of this Court.
If the applicant commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
Sandhya
Sunil Nair
Date : 09.10.2020.
Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.12
14:48:12 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge3, Nashik.