1
Cri.B.A.No.944/22OrderEx.1.
Order below Exh.1 in Bail Application No. 944/2022
1/
Rajas Dilip Paranjpe & Ors.
..
Applicants/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Ambad Police Station, Nashik.
(Cr. No.I 300/2022)
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 Ambad Police Station, for the
offence punishable under section 498A, 354, 504 r/w. 34 of the
Indian Penal Code and u/s. 67 of the Information Technology Act
and accordingly, interim protection was granted to applicants.
2.
Heard Mr. Sachin Bhate, learned Advocate for
applicants, ld. APP Smt. Jadhav. The informant is also present.
Perused the say filed by her. IO is present. Perused the papers.
3.
It is the case of the prosecution that the applicants
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Cri.B.A.No.944/22OrderEx.1.
being husband and inlaws of the informant, have illtreated and
harassed her for unlawful demand and applicant No.4 outraged
her modesty.
4.
Learned Advocate for the applicants submitted that
the informant is residing at her parental house since 07.07.2021.
Many marital litigations are pending between the parties.
Applicants have produced the copies of the same on record which
includes the divorce petition filed by applicant No.1 against the
informant dated 10.12.2021. Therefore, the informant has taken
after thought action against the applicants.
Her contentions in
her previous litigations are contrary to the contentions in present
report.
Considering all the documents produced on record and
delay in lodging report, prima facie create doubt about the
veracity of the report. The applicants have also produced copy of
treatment paper of the informant to show that the informant is
suffering from bipolar disorder. Thus, overall contentions in the
report against the accused are found to be in cloud.
On
these
amongst grounds, interim bail was granted to the applicant on
29.07.2022. Now, say is filed by the IO and the formal objections
are raised.
It appears that the applicant cooperated the
investigation.
Moreover, applicant No.1 is ready to submit
mobile or any other required material for investigation.
As far
as allegations in respect of outraging modesty is concerned, law
is settled that, “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
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Cri.B.A.No.944/22OrderEx.1.
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.
As per the contention of ld. Advocate, the applicants
have no criminal antecedents. They are permanent resident of
Mumbai and they are ready to abide any conditions imposed
upon them. Applicants No. 3 & 4 are senior citizens and
applicant No.1 is businessman.
Therefore, considering all these
aspects, this Court is of the view to confirm the interim
protection granted to applicants. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants
on 29.07.2022 stands confirmed subject to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 10.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.12
11:06:31 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.