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Cri.BailAppln.No.1007/22Ex.1
Order below Exh.1 in Cri. Bail Application No.1007/ 2022
Nikhil Vilas Lokhande
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Dindori Police St.
Dindori. (Cr. No. I 269/2022)
.. Respondent.
Order below Exh. 1
1.
The
applicant/accused Nikhil Vilas Lokhande
claims anticipatory bail in the event of his arrest in C.R. No. I
269/2022 for the offences punishable under Sections 354, 354A,
354D(2), 504, 506 of the Indian Penal Code and under Sections
66C and 67 of the Information Technology Act registered with
Dindori Police Station, Dindori. Accordingly, interim protection
was granted to applicant on 16.08.2022.
2.
Heard Learned Advocate Shri R.G.Kasliwal, for the
applicant and learned A.P.P. Smt. Sangale for the State.
Perused the papers of investigation.
3.
It is brought to the notice of this Court that the
informant has lodged report against the applicant at Adgaon
Police Station wherein he has secured anticipatory bail.
But
now, informant has lodged another complaint on the basis of
same state of fact at Dindori Police Station.
Prima facie
documents on record reflects that there is substance in the
contentions putforth by the ld. Advocate for the accused. Prima
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Cri.BailAppln.No.1007/22Ex.1
facie false implication cannot be ruled out of vengeance. On these
amongst grounds, interim bail was granted to applicant.
Say is
filed by the IO and certain objections are raised in respect of
recovery of mobile and SIM card etc. but it is to be taken into
consideration that previously, same report was lodged by the
informant and that investigation was done in the said matter.
In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
4.
The ld. Advocate for the Applicant submitted that the
applicant has no criminal antecedents except the above
mentioned report lodged by the same informant. He is a local
resident and ready to abide any conditions on grant of interim
relief. Therefore, considering all these aspects, this Court is of
the view that interim relief was granted to applicant.
:: O R D E R ::
1]
2]
The application (Exh.1) is allowed.
The interim protection granted to applicant
on 16.08.2022 stands confirmed subject to
same terms and conditions.
ADITEE
UDAY
KADAM
Nashik.
Date : 08.09.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.09.08
17:35:51 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.1007/22Ex.1