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Cri.B.A.No.901/22OrderEx.1.
Order below Exh.1 in Bail Application No. 901/2022
Nikhil Vilas Lokhande
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Adgoan Police Station, Nashik.
(Cr. No.I 174/2022)
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicant/accused under section 438 of Cr.P.C. for releasing him
on anticipatory bail in the event of his arrest in the aforesaid
Crime registered at Adgaon Police Station, Sinnar for the offence
punishable under section 376, 376(2)(n), 323, 506 of the Indian
Penal Code and accordingly, interim protection was granted to
applicant on 16.07.2022.
2.
Heard
Mr.
R.G.Kasliwal,
learned
Advocate
for
applicant, ld. APP Smt. Jadhav. The informant is also present.
IO is present. Perused the papers.
3.
It is the case of the prosecution that the applicant
induced the informant on false promise of marriage and thereby
sexually assaulted her.
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3.
Cri.B.A.No.901/22OrderEx.1.
Ld. Advocate for the applicant pointed out that the
informant is 24 years old major and matured lady.
relationship with the applicant since long.
in lodging report.
She was in
There is much delay
Considering all these aspects, prima facie,
case against the applicant found to be in cloud. On these amongst
grounds, interim bail was granted to the applicant on 16.07.2022.
Now, say is filed by the IO and the formal objections are raised.
Learned Advocate for the applicant produced the documents i.e.
attendance mark by the applicant at police station as directed by this
Court.
He has also produced copies of UPI transaction i.e. the
payment made to the informant by the applicant on various dates. He
has also produced some photographs showing intimacy between the
applicant and informant. Prima facie those photographs reflect the
happy relationship between the parties.
Informant has made
allegation that the applicant has made fake account in her name and
viral her nude photographs and messages. In that regard, applicant is
ready to submit his mobilephone with the police.
4.
Overall, prima facie evidence indicates that informant is
relative of the applicant, was well aware about the marital status of
the applicant. She is in relationship with the applicant for about five
to six years. She is major and mature lady. Therefore, her contention
that applicant forcefully committed rape upon her is prima facie does
not appears to be reliable one.
Howsoever it may be, applicant has
cooperated the investigation and is ready to abide any condition on
grant of bail.
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5.
Cri.B.A.No.901/22OrderEx.1.
As per the contention of ld. Advocate, the applicant has no
criminal antecedents. He is local resident and he is ready to abide any
conditions imposed upon him.
Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicant. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicant on
16.07.2022
stands
confirmed
subject
to
conditions that :
a] That the applicant shall make himself available
for interrogation by the Investigation Officer as
and when required under written intimation.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.
Applicant is directed not to enter area or vicinity
where informant resides and the areaplace of
her job.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 22.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.22
17:55:42 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.B.A.No.901/22OrderEx.1.