CNR MHNS010046262020 Order below Exh.1 in Cri. Bail Application No.1692/2020.

{ Mangal @ Mangya Ganesh More Vs. State }

This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.

2.Brief facts giving rise to this application can be narrated as follows.

The applicant came to be arrested on 25.11.2020 in Crime No. 630/2020 for the offence punishable under sections 376, 363, 366 of the Indian Penal Code and sections 4 and 12 of the Protection of Children From Sexual Offences Act registered with Panchavati Police Station, District Nashik on the accusation that, on 21.11.2020, the accused kidnapped the victim­minor and further committed aggravated penetrative sexual assault on her and thereby committed offence.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. The victim and the applicant were in love. The applicant never forced the victim to maintain relationship with him. The applicant is behind bar from the date of his arrest. Investigation is almost completed. Nothing is to be recovered or discovered from him. Therefore, his further detention is not necessary for the purpose of investigation. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard the learned advocate Mr. Motkari appearing on behalf of the applicant and the learned PP Mr. Misar. I have also gone through investigation papers made available by Investigating Officer. The accused has filed copy of Aadhar Card of victim wherein her date of birth is recorded as 01.01.2002. The prosecution also submitted her school leaving certificate wherein her date of birth is mentioned as 20.07.2003. At this stage, it is not necessary to go into the root of the matter in order to find out true date of birth, but fact remains that at the time of incident i.e. on 22.11.2020 the victim is at the verge of majority and had affair with the applicant. They had physical relationship. Prima­facie the relationship between the victim and accused seems to be consensual relationship. Nothing is to be recovered or discovered at the instance of applicant­accused. The applicant is behind the bar from the date of his arrest. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court.

No useful purpose will suffice by keeping him behind bar till filing of the charge­sheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicant. Considering the aforesaid facts, I am of the opinion that the applicant has made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 Applicant­Mangal @ Mangya Ganesh More be enlarged on bail, in Crime No.630/2020 for the offence punishable under sections 376, 363, 366 of the Indian Penal Code and sections 4
and 12 of the Protection of Children From Sexual Offences Act registered with Panchavati Police Station, District Nashik, on furnishing personal bond of Rs.30,000/­ with one or two sureties in like amount.

3He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the charge­sheet and co­operate in further investigation.

6 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.11 17:33:07 Jadhav +0530 ( Smt. S.C. Jadhav ) 11th December, 2020. Additional Sessions Judge­ 8, Nashik.