1
Cri.B.A.No.1003/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1003/2022
Niraj Lalit Narang & 1 other
..
Applicants/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Sarkarwada Police Station, Nashik.
(Cr. No.I 131/2022)
..
Prosecution
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicants/accused under section 438 of Cr.P.C. for releasing
them on anticipatory bail in the event of their arrest in the
aforesaid Crime registered at Sarkarwada Police Station, for the
offence punishable under sections 354, 324, 504, 506 r/w. 34 of
the Indian Penal Code and accordingly interim protection was
granted to applicants.
2.
Heard Mr. M.D.Bhanose learned Advocate for applicants
and learned APP Smt. Jadhav. Perused the say filed by IO and also
perused the papers.
3.
It is the case of the prosecution that the applicant
No.1 had outraged the modesty of informant and applicants
2
Cri.B.A.No.1003/22OrderEx.1.
abused and threatened her and caused grievous injury to her.
4.
On perusal of record, it revealed that the informant is
major lady 20 years old. It is brought to the notice of this Court
that the applicants and informant are relatives of each other.
They have property dispute.
The same aspect is also reflects
from the averments in the report.
Learned Advocate for the
applicants produced copies of NC lodged by the mother of
applicant No.1. Thus, there are case and counter case between
the parties.
Alleged incident occurred on 08.08.2022 whereas
report came to be lodged on 11.08.2022. Delay in lodging report
prima facie creates doubt about veracity of the report in the
aforesaid backdrop.
On these amongst ground, interim bail was
granted to applicants on 16.08.2022. Now, applicant has produced
documents to show that the parties have executed memorandum of
understanding to settle their property dispute.
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.”
5.
Say filed by the IO reflects that two cases are pending
against applicant No.1.
But learned Advocate for the applicant
clarified that those were filed by applicant No.2 against her husband
out of marital dispute. Anyhow, the present matter is not concerned
3
Cri.B.A.No.1003/22OrderEx.1.
with the said cases. As per the contention of ld. Advocate for the
applicants, the applicants are ready to abide any conditions imposed
upon them. They are local residents. Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicants. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants on
16.08.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 24.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.24
17:45:59 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.