1 Cri.B.A.No.1085/22OrderEx.4.
Order below Exh.1 in Bail Application No. 1085/2022
1/ Rajaram @ Nandu Abaji Ramraje & .. Applicant / Accused. others.
Vs.
The State of Maharashtra through Police Inspector, MIDC Police Station, Sinnar,
(Cr. No.I 236/2022) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at MIDC
Police Station, Sinnar for the offence punishable under section 143, 147, 148, 149, 354, 354A, 324, 323, 427, 504, 506 of the Indian Penal Code u/s. 8 & 12 of the POCSO Act and accordingly interim protection was granted to applicants on 05.09.2022.
2.Heard Learned Advocate Shri Y.R.Wagh, for the applicants and learned A.P.P. Smt. Sangale for the State and learned Advocate Shri Gangawane for informant. Informant is also present before Court. Perused the papers of investigation.
3.It is the case of the prosecution that the applicants have assaulted the informant party and during the occurrence, one of the accused outraged the modesty of minor victim.
4.On perusal of record, it reveals that the incident occurred on 24.08.2022. But the report came to be lodged on 30.08.2022. Both parties have lodged counter cases against each other. Prima facie allegations in the report reflects that there was quarrel between the parties on the basis of landed property of the house and ownership thereof. As such, false implication cannot be ruled out. On these amongst grounds, interim bail was granted to applicants. Say is filed by the IO and formal objections are raised.
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. ”
5. The ld. Advocate for the Applicants submitted that the applicants have no criminal antecedents except the above mentioned report lodged by the same informant. They are local resident and ready to abide any conditions on grant of interim relief. Therefore, considering all these aspects, this Court is of the view that interim relief granted to applicants can be confirmed. Hence the order.
:: O R D E R ::
1] The application (Exh.1) is allowed.
2] The interim protection granted to applicants on 03.09.2022 stands confirmed subject to following terms and conditions.
a] That the applicant shall make himself available for interrogation by the Investigation Officer as and when required under written intimation.
b] The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade them from disclosing such facts to the Court or to any Police Officer.
3] Inform P.S.O. concerned accordingly.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.13 17:07:44 – 0600 Nashik. (Aditee U. Kadam) Date : 12.09.2022. Additional Sessions Judge2, Nashik.