Order Below Exh. 1 in Cri. B. Appln. No. 607/2022
(CNR No. MHNS 010023782022 )
Nitin Kailas Khatale V/s. State
Heard: Ld.Adv. Mr. M. D. Bhanose for the applicant.
Ld.A.P.P. Ms.S.S.Sangale for the State.
Perused the say of the complainant.
1.

This is an application under Section 439 of Criminal
Procedure Code in Crime No. 67/2022 registered at Police
Station, Indiranagar, Nashik for the offence under Sections
354(D), 506 of the Indian Penal Code, 1860 and Sections 8 & 12
of the POCSO Act, 2012. It is the case of prosecution in brief
that the accused/applicant stalked the 16 year­old victim despite
the victim’s father asking him not to do so. He even purchased a
mobile phone and gave it to her and was later seen in the
vicinity of her residence.
2.

Ld. Adv. for the applicant has submitted that there
was a consensual relationship between the applicant and the so
called victim. The applicant is 23 years old and is pursuing
Diploma in Engineering (sixth semester) from Guru Gobind
Singh College. Applicant is ready to abide by the terms and
conditions imposed by the Court.
3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that there is prima­facie case against the applicant.
Investigation is in progress and charge­sheet is yet to be filed. If
the applicant is released on bail, there is possibility of his
tampering with prosecution witnesses.

..2..

4.

Applicant is a 23 year­old Engineering student and
is ready to abide by the terms and conditions imposed by the
Court. Considering the same in the light of the nature of
allegations against him, no purpose will be served by keeping
him behind bars. In view of the foregoing discussion, I am
inclined to allow the application in terms of the following order:
ORDER
1]
Application is hereby allowed.

2]
Applicant Nitin Kailas Khatale be released on bail by
executing P.R. and S.B. of ₹30,000/­ with one or two local
sureties of like amount.

3]
Applicant shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted
with the facts of accusation, so as to dissuade him/her
from disclosing such facts to the Court or to the police
officer and shall not tamper with the prosecution witnesses
in any manner.

4]
Applicant shall not commit any offence and shall attend all
dates of hearing after filing of charge­sheet.

5]
Applicant is duty bound to inform the I.O. and the court
about his change of address, if any.

6]
Applicant shall furnish residence and ID proof of two
blood relatives to the I.O.
(Dictated and pronounced in open Court).
MRIDULA
BHATIA
Nashik
23/05/2022
Digitally signed by
MRIDULA BHATIA
Date: 2022.05.23
18:18:29 +0530
( M. V. Bhatia)
District Judge­2 and Additional
Sessions Judge, Nashik.