Order Below Exh. 1 in Cri. B. Appln. No. 591/2022
(CNR No. MHNS 010023532022 )
Prakash Daulat Jadhav V/s. State
Heard: Ld.Adv. Mr. G. L. Bodke 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. 172/2022 registered at Police
Station, Sinnar for the offence under Sections 354, 324, 323,
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 told the 15.9 years old victim that he loves
her and wants to marry her and that they should elope. He also
told her that he does not fear her parents. When the victim
narrated the incident to her parents, they called the applicant to
their house and questioned him on which he assaulted the
victim’s father with fists and blows and assaulted her uncle with
a sickle.
2.

Ld. Adv. for the applicant has submitted that
material part of the investigation is over and charge­sheet is
about to be filed. 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. If
the applicant is released on bail, there is possibility of his
tampering with prosecution witnesses and committing similar
offences.

..2..

4.

Material part of the investigation is over and charge­
sheet is about to be filed. Offence is not punishable by life
imprisonment / death. 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 Prakash Daulat Jadhav 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
18:17:47 +0530
( M. V. Bhatia)
District Judge­2 and Additional
Sessions Judge, Nashik.