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Cri.BailAppln.No.728/22Ex.1
Order below Exh.1 in Cri. Bail Application No.728/ 2022
Nitin Uttam Ghumare
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI MIDC Police St.,Sinnar .. Respondent.
(Cr. No. I 128/2022)
Order below Exh. 1
1.
The
applicant/accused Nitin Uttam Ghumare
claims bail in C.R. No. I128/2022 for the offences punishable
under Sections 354, 354A, 452, 323, 504 & 506 of the Indian
Penal Code and under Sections
8 & 12 of the POCSO Act
alongwith Section 3(1)(r) and 3(1)(s) of the SC & ST Act
registered with MIDC Police Station, Sinnar.
2.
Heard Learned Advocate Shri A.J.Bhide, for the
applicant and learned A.P.P. Smt. Jadhav for the State. Perused
the papers of investigation.
3.
It is the case of the prosecution that the applicant
barged into the house of informant and dragged the minor victim
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Cri.BailAppln.No.728/22Ex.1
by holding her hand thereby outraged her modesty.
4.
On perusal of report, it reveals that there are specific
allegations against the applicant that he has outraged the
modesty of minor victim.
Ld. Advocate for the applicant
submitted that other accused are already released on bail.
Record reflects that applicant came to be arrested on 10.05.2022.
5.
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.”
Now, there is no any recovery or discovery as such
6.
remained from the applicant.
According to ld. Advocate for the
applicant, the applicant has no criminal antecedents.
He is a
local resident and is ready to abide any conditions on grant of
bail. 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.
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2]
Cri.BailAppln.No.728/22Ex.1
ApplicantAccused Nitin Uttam Ghumare
arrested in C.R. No. I128/2022 for the
offences punishable under Section 354, 354
A, 452, 323, 504 & 506 of the I.P.C. and
under Sections 8 & 12 of the POCSO Act and
u/s. 3(1)(r) & 3(1)(s) of the SC & ST Act
registered with MIDC Police Station, Sinnar
be released on bail in the sum of Rs.15,000/
(Rupees Fifteen Thousand only) with a
surety 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
Digitally
of trial.
signed by
ADITEE
UDAY
KADAM
Nashik.
Date : 16.06.2022.
ADITEE
UDAY
KADAM
Date:
2022.06.17
11:30:47 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.728/22Ex.1