1
Cri.B.A.No.531/2022­Ex.1.

Order below Exh.1 in Cri. Bail Appln. No. 531/2022
Pravin Budha Suryawanshi
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Bhadrakali Police Station, Nashik.
(Cr. No.I 70/2022)
Order below Exh.1.
1.

This
application
has
been
filed
by
the
applicant/accused under section 439 of Cr.P.C. for releasing him
on regular bail in the aforesaid Crime registered at Bhadrakali
Police Station, for the offence punishable under section 363,
376(2)(n) of IPC & 4, 8 and 12 of POCSO Act .
2.

According to the prosecution, the FIR was lodged by
the mother of the Victim on 20.03.2022 alleging therein that she
alongwith her family stays at Satpur.

The Victim is her
daughter and she was 17 years 11 months old girl at the time of
incident. On 19.03.2022, she went to the College alongwith her
friends but did not return home till 7.00 pm. She was searched
everywhere at
her relatives and friends house but her
whereabouts could not be traced. Left with no option, she filed
report with police station against unknown person.

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Cri.B.A.No.531/2022­Ex.1.

During investigation, the Victim was traced with
accused and he was arrested on 20.04.2022 and since then, he is
in judicial custody.

Based on her statement, crime was
registered against the accused.

3.

The learned counsel Mr. R. D. Avhad appearing for
the applicant/accused has argued that the applicant is innocent
and has not committed any offence. There was an affair between
them and they performed marriage. The act was consensual. It is
not the case of forceful act on the the part of the applicant.
Whatever relations was there between them was
established
with the consent of the Victim. Hence, his further detention is
not required.
majority.

He further argued that Victim is on the verge of
In support of his contentions, he
photograph of the applicant and Victim.

filed marriage
He also relied on the
authority reported in the case of Sunil Mahadev Patil Vs. The
State of Maharashtra, LEX(BOM) 2015 8 295. Thus, on the
above grounds, he prayed for bail to the applicant/accused.

4.

The ld. APP Smt. Aparna Patil has strongly opposed
the application by stating that the offence is serious in nature. If
the applicant is released on bail, there is every possibility that he
may tamper the witnesses and would not obey the terms and
conditions. The applicant despite knowing the fact that victim is
minor, he committed the alleged offence.
rejection of the bail.

Hence, prayed for
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Cri.B.A.No.531/2022­Ex.1.

The Investigating officer has filed reply at Exh.7 and
strongly opposed the application and submitted that applicant is
a criminal
and if released on bail, he may pressurize the
witnesses. The offence is serious in nature and hence prayed for
rejection.

The complainant appeared before the Court and filed
reply at Exh.5 and resisted the application on the ground that
applicant had forcefully kidnapped the Victim. If applicant is
released on bail, he may caused grievous injuries to Victim and
her family. Hence, prayed for rejection of the application.

5.

After hearing both the sides, it appears that the
Victim and accused had a love affair and the Victim herself
eloped with the applicant. They performed marriage with each
other. The physical relations between them was consensual in
nature. There was no force on the part of the accused. The
element of cheating is missing. Though the victim is minor but
she is on the verge of majority and can very well understands
the nature of her acts and its consequences.

So, considering
their age, nature of the act being consensual and the ratio laid
down in the reported ruling (supra), I am inclined to release the
applicant on bail with following conditions.

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Cri.B.A.No.531/2022­Ex.1.

Order
1.

Application is hereby allowed.

2.
Applicant/ accused – Pravin Budha Suryawanshi
shall be released on regular bail on furnishing his
P.R.bond of Rs.20,000/­ with one or more sureties in the like
amount.
(a)
not to act in the manner injurious to the interest of
the prosecution.

(b)
maintain law and order and shall not pressurize the
Victim and tamper with evidence in any manner.

(c)
furnish the address of his residence, copy of Pan or
Adhar card at the time of execution of bond and shall
not change the residence without prior permission of
this Court.

3.
If the applicant/accused commit breach of any of the
above conditions, the bail granted to him shall be liable to
be cancelled.

Date : 17.05.2022.
I/C
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.
Addl. Sessions Judge­2, Nashik.