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Cri.BailAppln.No.546/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.546/ 2022
Nilesh Namdeo Malode
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Nashik­Road Police St. .. Respondent.
(Cr. No. I 104/2022)
Order below Exh. 1
1.

The
applicant/accused Nilesh Namdeo Malode
claims bail in C.R. No. I­104/2022 for the offences punishable
under Section 376(2)(n), 109, 504, 506 of the Indian Penal Code
and u/s. 3(1)(r),(s), 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act registered
with Nashik­Road Police Station.

2.

Heard Learned Advocate Shri A.G.Sonawane, for the
applicant and learned A.P.P. Smt. Sangale for the State. Perused
the papers of investigation.

3.

It is the case of the prosecution that applicant induced
informant on false promise of marriage and thereby sexually
exploited her.

4.

On perusal of record, it revealed that the informant is
23 years old married lady and mother of one daughter. She has
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mentioned that she left the company of her husband in the year
2015.

She got acquainted with applicant who allured her by
saying that he would marry her, thereby she started residing
with the applicant since then.

Initially, they were residing at
the house of maternal aunt of the informant. During the period,
they had physical relations.

Thereafter, applicant refused to
marry her by saying that she belongs to lower caste and thereby
cheated her.
5.

It is pertinent to note that there are no allegations in
the report that the applicant humiliated/insulted the informant
by uttering abusive words on caste. There are no allegations
that the accused­applicant has taken disadvantage of the caste of
the informant.

On the contrary, it appears that the informant
was residing with the applicant in live in relation.

There is no
mention in the report that she has taken divorce from her
husband.

The informant has also mentioned that they have
executed one document on 16.08.2021 to leave the applicant but
it is her contention that it was executed by threatening her. If it
is true, informant has not lodged immediate report about the
same. Even the present report came to be lodged on 12.04.2022.
Delay in lodging report, prima facie create doubt about the
veracity of report.
6.

The applicant came to be arrested on 12.04.2022.

Other accused are already released on bail. There is no recovery
or discovery as such pending from the applicant.

According to
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ld. Advocate for the applicant, applicant has no criminal
antecedent.

He is local resident and he is ready to abide any
conditions imposed by this Court. Considering all these aspects,
this Court is of the view that applicant can be released on bail by
imposing certain conditions. Hence, the order.
:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Nilesh Namdeo Malode
arrested in C.R. No. I­104/2022 for the
offences punishable under Section 376(2)(n),
106, 504, 506 of the I.P.C., under Section 3(1)
(r)(s), 3(1)(w)(i), 3(2)(v) of the SC & ST Act
registered with Nashik­Road 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 and
copies of medical treatment papers on record.
ADITEE
UDAY
KADAM
Nashik.
Date : 07.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.09
13:14:58 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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