Order below Exh.1 in Cri. Bail Application No.1285/ 2022

Parshuram Anil Galande .. Applicant Accused.

Vs.

The State of Maharashtra through PI Panchawati Police St. .. Respondent.

Nashik. (Cr. No. I 372/2022) Order below Exh. 1

1.The applicant/accused Parshuram Anil Galande claims bail in C.R. No. I­372/2022 for the offences punishable under Sections 341 of the Indian Penal Code and under Sections 4 & 8 of the POCSO Act registered with Panchawati Police Station, Nashik.

2.Heard Learned Advocate Shri V.P.Nikode, for the applicant and learned A.P.P. Smt. Sangale for the State. Perused the say filed by informant vide Exh.6. Perused the papers of investigation.

3.It is the case of the prosecution that the applicant has sexually assaulted minor child/boy of only 8 years old.

4.On perusal of record, it reveals that the report is lodged by the mother of victim child on the very same day of the incident which was registered at early morning of next day i.e. on 21.09.2022 at about 01.45 am. Applicant is unknown person to the informant and also to the child. There are specific averments in the report which shows the prima facie concern of the applicant with alleged offence. Now, informant has filed say at Exh.6 and stated that she has no objection to grant bail to the applicant.

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. ”

6.Howsoever it may be, it reveals from record, applicants came to be arrested on 21.09.2022. There is no any recovery or discovery as such remained from the applicant.

According to ld. Advocate for the applicant, the applicant is local resident and is ready to abide any conditions on grant of bail.

Considering all these aspects, this Court is of the view that applicants can be released on bail by imposing certain conditions. Hence the order.

:: O R D E R ::
1] The application is allowed.

2]Applicants­Accused Parshuram Anil Galande arrested in C.R. No. I­372/2022 for the offences punishable under Section 341 of the I.P.C. and under Sections 4 & 8 of the POCSO Act registered with Panchawati Police Station, Nashik be released on bail in the sum of Rs.15,000/­(Rupees Fifteen Thousand only) each with a surety in the like amount subject to following conditions :

a] That he shall not tamper with the prosecution evidence in any manner. 3 Cri.BailAppln.No.1285/22­Ex.1

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.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.20 17:48:42 – 0600 Nashik. (Aditee U. Kadam) Date : 20.10.2022. Additional Sessions Judge­2, Nashik.

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