1 Cri.BailAppln.No.1178/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1178/ 2022

Ramesh Chabu Shekhare .. Applicant Accused.

Vs.

The State of Maharashtra through PI Peth Police St. .. Respondent. Peth. (Cr. No. I 88/2022)

Order below Exh. 1

1.The applicant/accused Ramesh Chabu Shekhare claims bail in C.R. No. I­88/2022 for the offences punishable under Sections 363, 376 & 506 of the Indian Penal Code and under Sections 4, 8 & 12 of the POCSO Act registered with Peth Police Station, Peth.

2.Heard Learned Advocate Shri G.L.Bodke, for the applicant and learned A.P.P. Smt. Sangale for the State. The victim is also present. Perused the papers of investigation.

3.It is the case of the prosecution that applicant kidnapped the victim and then, had sexual relations with her without her valid consent.

4.On perusal of record, it reveals that missing report was lodged on 07.06.2022 by the mother of victim that her daughter left the house on 03.06.2022 at about 11.30 pm. They took search of her but she was not found. There is much delay in lodging report which is not explained by the informant.

Further, investigation papers reflect that the victim was found in the custody of applicant. She had been with applicant for about three months. There are no allegations against the applicant that he acted violently against the minor victim.

Age of the victim is 17 years 6 months. Applicant is also a young boy of 24 years old. Learned Advocate for the applicant submitted that victim and applicant were engaged in love­affair since two years. As family of victim opposed the relations, victim insisted to elope and accordingly, they eloped with each other.

5.Howsoever it may be, it reveals from record that applicant came to be arrested on 19.09.2022. There is no any recovery or discovery as such remain from the applicant.

According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He 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 conditions.

Hence the order.

:: O R D E R ::

1] The application is allowed.

2] Applicant­Accused Ramesh Chabu Shekhare arrested in C.R. No. I­88/2022 for the offences punishable under Section 363, 376, & 506 of the I.P.C. and under Sections 4, 8 & 12 of the POCSO Act registered with Peth Police Station, Peth 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: 2022.09.28 16:34:43 – 0600 Nashik. (Aditee U. Kadam) Date : 28.09.2022. Additional Sessions Judge­2, Nashik.