CNR MHNS010045992020 Order below Exh.1 in Cri. Bail Application No.1683/2020.
{ Mukesh Baburao Shinde Vs. State }
This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.
2.Brief facts giving rise to this application can be narrated as follows.
The applicant apprehends his arrest in Crime No. 72/2020 for the offence punishable under section 354 (d) of the Indian Penal Code registered with Mhasrul Police Station, Nashik on accusation that on 12.01.2020 and 14.01.2020, the applicantaccused phoned the informant and abused her which outraged her modesty and thereby committed an offence.
3.The applicant contends that he has not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from him. There is no evidence against him. He is ready to cooperate in further investigation. He is not having any criminal antecedent. Material investigation is completed and therefore, his custodial interrogation is not necessary. He is having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, he has prayed for prearrest bail.
4.The respondent State filed its say and denied all the adverse allegations made by the applicant and reiterated the prosecution case. It is contended that there is primafacie sufficient material on record to show his involvement in the commission of offence. If he is released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.
5.Heard learned advocate Mr. Aadake on behalf of the applicant and learned Additional Public Prosecutor Mr. Nikam. I have also perused the investigation papers made available by the Investigating Officer. The police papers primafacie shows that the alleged incident occurred on 12.01.2020 and 14.01.2020. The offence came to be registered on 11.03.2020. Nothing is to be seized or recovered from the applicant. The facts and circumstances make it clear that custodial interrogation of applicant is unwarranted. The accused is not having any criminal antecedent. He is ready to cooperate in further investigation. Therefore, applicant has made out the case for prearrest bail. With this, I proceed to pass the following order.
O R D E R
1 Application is hereby allowed.
2 In the event of arrest of applicant Mukesh Baburao Shinde in Crime No.72/2020 for the offence punishable under section 354 (d) of the Indian Penal Code registered with Mhasrul Police Station, Nashik, he be released on prearrest bail on his executing P.R. bond of Rs.15,000/ with surety in like amount.
3 He 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 2nd and 4th Monday of every month 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 Jadhav
17:32:01 +0530 ( Smt. S.C. Jadhav ) 11th December, 2020. Additional Sessions Judge 8,Nashik.