1 Cri.B.A.No.365/2022Ex.1
Order below Exh.1 in Cri. Bail Application No. 365/2022
Murlidhar Chintaman Raut .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Abhona Police Station, Abhona. (Cr. No. 03/2022) .. Prosecution
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 Abhona Police Station, for the offence punishable under section 376, 363, 341 r/w. 34 of IPC and 4 & 8 of POCSO Act.
2.According to the prosecution, the FIR was lodged by the father of the Victim on 06.01.2022 alleging therein that on 05.01.2022 around 07.30 pm, his daughter has gone to the shop for purchasing Kurkure. She did not return home. She was searched everywhere but her whereabouts could not be traced.
Next day, the matter was reported to the Police. Accordingly, police started investigation and during investigation, the girl was traced.
Based on the statement of the father, crime was registered against the accused/applicant and he was arrested on 09.01.2022 and since then, he is in Judicial custody.
3.The learned counsel Mr. R. Y. Patil appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. The father of the Victim had refused for conducting the medical examination of the Victim. So there is no medical evidence to show that victim was sexually assaulted. The investigation is over and chargesheet is filed and therefore, his further detention is not required. He is ready to abide each and every conditions if any, imposed by this Court.
Lastly, he prayed for bail to the applicant/accused.
4.The Investigating Officer has filed his say vide Exh.5 and resisted the application on the ground that the applicant has committed rape on the Victim by threatening her. If he is released on bail, he may again commit the similar nature of offence and may tamper with evidence. Hence, prayed for rejection of the application. The ld. APP Smt. Reshma Jadhav has strongly opposed the application by filing her say at Exh.6 thereby stating that the offence is serious in nature. If applicant is released on bail, there is every possibility that he may tamper the witnesses and would not obey the terms and conditions.
Hence, prayed for rejection of the bail.
The complainant appeared and filed his say vide Exh.6 and submitted that he has no objection if applicant is released on bail.
5. After hearing both the sides and going through the chargesheet, it appears that allegations against applicant is that he has committed rape on the minor Victim. The parents of the Victim has refused for medical examination, Obviously, there is no medical evidence to show that victim was sexually assaulted.
Further, the Victim has also denied that the applicant had committed rape on her. Considering the statement of the Victim that he has not committed any sexual assault on her and absence of medical evidence, I am inclined to grant bail to the applicant on following conditions.
O r d e r
1.Application is hereby allowed.
2.Applicant/ accused – Murlidhar Chintaman Raut shall be released on regular 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
(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.
3.If the applicant/accused commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.28 14:40:14 -0600 ( Smt. S.S. Nair ) Date : 25.03.2022. Addl. Sessions Judge 4, Nashik.