Order below Exh.1 in Cri. Bail Application No.1250/ 2022
Rahul Trambak Kunde .. Applicant Accused.
Vs.
The State of Maharashtra through PI Sinnar Police St. .. Respondent. Nashik. (Cr. No. 112/2022) Order below Exh. 1
1.The applicant/accused Rahul Trambak Kunde claims bail in C.R. No. 112/2022 for the offences punishable under Sections 363 & 366 of the Indian Penal Code registered with Sinnar Police Station, Nashik.
2.Heard Learned Advocate Shri N.S.Gohad for the applicant and learned A.P.P. Shri.Kotwal for the State. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant induced victim kidnapped abducted her to compel marriage.
4.On perusal of record, it reveals that the victim is 17 years 3 months old. Initially missing report was lodged on 24.03.2021. The said report was reflect that on 17.03.2022 victim left her house on her own. Report is also lodged after near about 7 days delay. During investigation victim was found in the company of applicant/accused. Victim was present in the court. She has no complaint against applicant. There are no allegations that applicant acted violently against her. Prima facie it appears that the victim eloped with applicant out of love affair.
5.Howsoever it may be, record reflect that applicant came to be arrested on 19.09.2022. Now, there is no any recovery or discovery as such remain from the applicant. Physical custody of applicant is thus no more required for investigation. The applicant is young boy of 20 years old. Victim is also more than 17 years old. She is on the verge of majority. According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He 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.
2] ApplicantAccused Rahul Trambak Kunde arrested in C.R. No. 112/2022 for the offences punishable under Sections 363 & 366 registered with Sinnar 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 :a] That he shall not tamper with the prosecution evidence in any manner.
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: 2022.11.10 11:07:01 – 0600 Nashik. (Aditee U. Kadam) Date : 03.11.2022. Additional Sessions Judge2, Nashik.