Order Below Exh.1 Order Below Exh.1 in Cri.B.A.No.386/2022 CNR NO.MHNS010012962022

Ram Pandurang Sangle Vs. State.

Heard : Ld. Adv. Mr. R. J. kasliwal for the applicant.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.107/2022 registered at Police Station, Ambad, Nashik for the offence punishable under Sections 363, 354, 354(A)(2) & 506 of the Indian Penal Code, 1860 and Sections 8 & 12 of the POCSO Act. It is the case of prosecution in brief that the applicant/accused kidnapped the 17.3 years old minor victim and molested her.

2.Ld. Adv. for the applicant has submitted that the FIR is false and has been lodged by the victim’s family. The FIR was initially only under section 363 of the I.P.C. and against an unknown person.

There was a love­affair between the applicant and the victim and she had herself gone with the accused. After she came home, the FIR came to be lodged under the pressure of her family members. No molestation of the victim was committed by the applicant. He has filed photographs and printouts of whatsapp chats between the applicant and the victim to demonstrate the same. Material part of the investigation is over.

Applicant is ready to abide by the terms and conditions imposed by the Court.

3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is prima­facie case against the applicant. If the applicant is released on bail, there are chances of his tampering with prosecution witnesses.

4.Ld. Advocate for the applicant has filed on record photographs and whatsapp chats between the applicant and the victim to show that even in a consensual relationship. Victim is more than 17
years old and the applicant is 23 years old. Material part of the investigation is over. Considering the same and considering the peculiar facts and circumstances of the case, no purpose will be served by keeping the applicant behind bars. In view thereof, I am inclined to allow the application subject to the following terms and conditions.

ORDER
1] The application is hereby allowed.

2] Applicant Ram Pandurang Sangle be released on bail by executing P.R. and S.B. of ₹15,000/­ with one local surety of like amount.

3]Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to the Court or to the police officer and shall not tamper with the prosecution evidence in any manner.

4] Applicant shall not commit any offence.

5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.

6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.

7] Applicant shall attend all dates of hearing after the filing of charge­sheet.

8] Jail authorities shall conduct the necessary COVID­19 test before releasing the applicant.

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.03.29 13:02:39 +0530 Nashik Mridula Bhatia 28/03/2022 District Judge­ 2 and Addl.Sessions Judge Nashik.