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Cri.BailAppln.No.938/22Ex.1
Order below Exh.1 in Cri. Bail Application No.938/ 2022
Rahul Babu Khare
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Upnagar Police St.
Nashik. (Cr. No. I 46/2022)
.. Respondent.
Order below Exh. 1
1.
The
applicant/accused Rahul Babu Khare claims
bail in C.R. No. I46/2022 for the offences punishable under
Sections 363, 376 of the Indian Penal Code and under Sections
4, 8 and 12 of the POCSO Act registered with Upnagar Police
Station, Nashik.
2.
Heard Learned Advocate Shri M.N.Baste, for the
applicant and learned A.P.P. Smt. Pethkar for the State.
Informant
appeared
through
Advocate
and
resisted
the
application by filing her say. Perused the papers of investigation.
3.
It is the case of the prosecution that applicant induced
minor victim and kidnapped her and sexually exploited her.
4.
On perusal of record, it reveals that the missing
report was lodged by the mother of minor victim on 20.02.2022
that victim left her house on 19.02.2022 without giving
intimation under the pretext that she is going to attend natural
call and did not return.
Thus, missing report reflects that the
victim left her house on her own.
In the investigation, it was
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Cri.BailAppln.No.938/22Ex.1
revealed that victim was residing with applicantaccused.
Accused came to be arrested on 17.07.2022.
During the period
victim was allegedly residing with the applicant.
There are no
allegations that the applicant acted violently against the victim.
5.
Record reflects that the applicant came to be arrested
on 17.07.2022. There is no any recovery or discovery as such
remained from the applicant.
Investigating officer has
furnished the information that two other crimes are registered
against the accused. But it is to be taken into consideration that
the applicant is a young boy of 24 years old.
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 stringent
conditions. Hence the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Rahul Babu Khare
arrested in C.R. No. I46/2022 for the
offences punishable under Section 363, 376 of
the I.P.C. and under Sections 4, 8 & 12 of the
POCSO Act registered with Upnagar Police
Station, Nashik 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 :
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Cri.BailAppln.No.938/22Ex.1
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
of trial.
c] Applicant is directed to furnish his
permanent address proof, mobile number.
d] Applicant is directed to mark presenty in
concerned police station on every 2nd Sunday
of the month till end of the trial.
ADITEE
UDAY
KADAM
Nashik.
Date : 11.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.12
11:09:28 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.938/22Ex.1