CNR MHNS010045862020 Order below Exh.1 in Cri. Bail Application No.1680/2020.

{ Nirajkumar Rajendrakumar Pundir Vs. State }
This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicant apprehends his arrest in Crime No. 376/2020 for the offence punishable under sections 376, 493, 406, 420,504,506, 323 of the Indian Penal Code registered with Ambad Police Station, Nashik on accusation that from 2015 to June 2020, the applicant­accused raped the victim by promising to marry, grabbed money from her and thereby cheated her.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. He is retired from Indian Army and now serving as a Clerk in the Court at Saharanpur (U.P.).

Nothing is to be seized or recovered from him. On 27.4.2020 i.e.

before filing of FIR the applicant­accused has already filed complaint application against the victim with Ambad Police Station as she had threatened him to file complaint under section 376 of the IPC. He is ready to co­operate in further investigation. He is not having any criminal antecedent. His custodial interrogation is not at all necessary. He is having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise.

Therefore, considering the nature and gravity of the accusations, he has prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicant and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show his involvement in the commission of offence. If he is released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate on behalf of the applicant and learned APP. I have also perused the investigation papers made available by the Investigating Officer. The recitals of FIR prima facie shows that since 2013 the victim is well acquainted with the applicant­accused and she kept physical relations with the applicant voluntarily. As per the prosecution case the applicant­accused cheated the victim by extorting huge amount from her. The first information report came to be lodged on 23.6.2020. However, prior to that, the applicant himself has filed complaint application against the victim with Ambad Police Station. Therefore, it is rather doubtful whether the applicant has intention to cheat the victim since beginning. The facts and circumstances make it clear that custodial interrogation of applicant is unwarranted. He is ready to co­operate in further investigation. Therefore, applicant has made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 In the event of arrest of applicant Nirajkumar Rajendrakumar Pundir in Crime No. 376/2020 for the offence punishable under sections 376, 493, 406, 420, 504,506, 323 of the Indian Penal Code registered with Ambad Police Station, Nashik, he be released on prearrest bail on his executing P.R. bond of Rs.20,000/­ with one or two sureties in like amount.

3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall attend the concerned police station Twice in a month or as and when required by Investigating Officer in writing till filing of the charge­sheet and co­operate in further investigation.

6 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 9th, December, 2020. Additional Sessions Judge­8, Nashik.