Ramnath Santosh Bhagwanta Kauthe Vs State of Maharashtra Nashik Sessions Court BA No 1301 of 2022

1
Cri.B.A.No.1301/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1301/2022
Ramnath @ Santosh Bhagwanta Kauthe … Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Wavi Police Station, Wavi,
Tal. Sinnar. (Cr. No.I 232/2022)
.. Prosecution
Order below Exh.1.

1.

This application has been filed by the applicant/accused
Ramnath @ Santosh Bhagwanta Kauthe under section 439 of
Cr.P.C. for releasing him on regular bail in the aforesaid Crime
registered at Wavi Police Station, for the offence punishable under
sections 376­D, 376(2)(n), 507 of the Indian Penal Code and u/s. 3(2)(v)
of the SC & ST (Prevention of Atrocities) Act.

2.

Heard learned Advocate Shri A.K.Kale for applicant and
learned APP Smt. Sangale. Informant is also present. On enquiry she
said that she don’t want to say anything about grant of bail to the
accused. Perused the case papers.
3.

It is the case of the prosecution that the applicant sexually
exploited the informant and also cheated her for a substantial
amount.

3.

On perusal of record, it reveals that informant is 35 years
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Cri.B.A.No.1301/22­Order­Ex.1.

old married lady who has two children.

She is residing with her
husband and children. She has made allegations against applicant
and other accused that since 2014 they have sexually exploited her.
In respect of cheating, she has mentioned that in the year 2013, she
has invested money in the PLUG Company through the applicant and
other accused.
exploitation.

There are no specifications as to allegations of sexual
Prima facie concern of the applicant with the alleged
PLUG Company is also not reflected from the report.

There is much
delay in lodging report, which is not explained by the informant.
Considering overall nature of accusation, prima facie case of the
prosecution is found to be in cloud. So also, other accused are released
on anticipatory bail.

Therefore, on the ground of parity also,
applicant is entitled for bail.

4.

Applicant came to be arrested on 15.10.2022. There is no
any recovery or discovery as such remains from the applicant.
Physical custody of the applicant is no more required.

Ld. Advocate
for
no criminal
the
applicant
submitted that
applicant
has
antecedents. He is local resident and he is ready to abide any
conditions on grant of bail. Therefore, considering all these aspects,
this Court is of the view that applicant can be released on bail.
Hence, the order.

::O R D E R::
1]
The application is allowed.

2]
Applicants­Accused Ramnath @ Santosh
Bhagwanta Kauthe arrested in C.R. No. I­
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Cri.B.A.No.1301/22­Order­Ex.1.

232/2022 for the offences punishable under
Section 376­D, 376(2)(n), 507 of the Indian Penal
Code and u/s. 3(2)(v) of the SC & ST (Prevention
of Atrocities) Act registered with Wavi Police
Station, Wavi be released on bail in the sum of
Rs.15,000/­(Rupees Fifteen Thousand only) each
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.
ADITEE
UDAY
KADAM
Nashik
Date : 21.10.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.10.21
17:03:36 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.