1
Cri.B.A.No.716/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 716/2022
1/­
Mukunda Changdeo Pingale
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Sinnar Police Station, Sinnar.
(Cr. No.I 140/2022)
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 the aforesaid Crime registered at Sinnar
Police Station, for the offence punishable under sections 366­A,
376(2)(j)(n) r/w. 34 of the Indian Penal Code and u/s. 9, 10 & 11 of
the POCSO Act.
2.

Heard learned Advocate A.K.Kale for the applicant
and learned APP Smt. Sangale and also the victim. Perused the
papers of investigation.

3.

It is the case of the prosecution that the applicant
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Cri.B.A.No.716/22­Order­Ex.1.

induced minor victim, kidnapped her and performed marriage
with her and thereby kept sexual relations with her without her
valid consent.

4.

On perusal of record, it reveals that the missing report
was lodged by uncle of minor victim on 08.04.2022.

It is
mentioned therein that the victim left her house under the
pretext that she is going to college for giving exam but she did
not return. Thus, it is apparent that the victim who is 17 years
old, left her house on her own.

Ld. Advocate for the applicant
has submitted that the applicant and victim eloped out of the
love­affair and performed the marriage.

They resided together
and there is no any violent act committed by the applicant
against the victim.

Other accused who were witness for the
marriage, is already released on bail.

5.

Applicant came to be arrested on 21.05.2022. He is a
young boy of 22 years old. He has not acted violently against the
victim.

Considering the nature of accusation and investigation
thereof, it is clear that there is no recovery or discovery remains
from the applicant. Physical custody of the applicant is thus, no
more required.

The ld. Advocate for the Applicant submitted
that Applicant is local resident. He has no criminal antecedents.
Therefore, 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.B.A.No.716/22­Order­Ex.1.

:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Mukunda Changdeo
Pingale arrested in C.R. No. I­140/2022 for
the offences punishable under Section 366,
366­A, 376(2)(j)(n) r/w. 34 of the I.P.C., under
Section 4, 8 and 12 of the POCSO Act and u/s.
9, 10, & 11 of Child Marriage Act registered
with Sinnar Police Station, be released on
bail in the sum of Rs.25,000/­(Rupees
Twenty­five Thousand only) with one or two
sureties 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 : 18.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.20
10:40:07 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.B.A.No.716/22­Order­Ex.1.