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Cri.BailAppln.No.986/22Ex.1
Order below Exh.1 in Cri. Bail Application No.986/ 2022
Majhar Anwar Khan
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Ambad Police St.
Nashik. (Cr. No. 334/2022)
.. Respondent.
Order below Exh. 1
1.
The applicant/accused Majhar Anwar Khan claims
bail in C.R. No. 334/2022 for the offences punishable under
Sections 376(2)(j) of the Indian Penal Code and under Sections
4, 6, 8 & 12 of the POCSO Act registered with Ambad Police
Station, Nashik.
2.
Heard Learned Advocate Shri A.S.Sanap, for the
applicant and learned A.P.P. Smt. Aparna Patil for the State.
The informant alongwith Victim also present before the Court.
Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant
induced minor victim and sexually exploited her.
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4.
Cri.BailAppln.No.986/22Ex.1
On perusal of record, it reveals that alleged incident
occurred on 02.04.2022 and also on 08.04.2022. But then, report
came to be lodged on 13.07.2022.
Contents in the report itself
reflects that the applicant and minor victim were well
acquainted with each other.
Learned Advocate for the
applicant produced documents i.e. photographs of the applicant
and minor victim that their marriage was performed as per
Muslim rituals and with the consent of family members. There
is no any prima facie document produced on record as to the age
of victim. It appears that victim was engaged in loveaffair with
the applicant. Age of the victim is mentioned as 16 years. She
is on the verge of majority.
It also reveals from the report that
the applicant has not acted violently against the minor victim.
There are no any nude photographs recovered from the
applicant.
5.
Howsoever it may be, it reveals from record that
applicant came to be arrested on 14.07.2022. There is no any
recovery or discovery
as such remained from the applicant.
According to ld. Advocate for the applicant, the applicant has no
criminal antecedents. He is a local resident and 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.
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Cri.BailAppln.No.986/22Ex.1
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Majhar Anwar Khan
arrested in C.R. No. 334/2022 for the offences
punishable under Section 376(2)(j) of the
I.P.C. and under Sections 4, 6, 8 & 12 of the
POCSO Act 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 : 18.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.18
18:05:23 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.986/22Ex.1