1
Cri.B.A.No.540/2022­Ex.1.

Order below Exh.1 in Cri. Bail Appln. No. 540/2022
Ravindra Chintaman Gangurde
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Abhona Police Station, Abhona,
Tal. Kalwan. (Cr. No.I 42/2022)
..

Prosecution
Order below Exh.1.
1.

This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Abhona Police Station, for the offence
punishable under section 363, 376(1) of IPC & 4 and 8 of POCSO Act .
2.

According to the prosecution, the FIR was lodged by the
mother of the Victim on 05.04.2022 alleging therein that victim has a
love affair with accused for almost two years. Hence she used to visit
his house on many occasions. They both belong to tribe community.
The accused had taken the Victim to his house in the month of
January 2022 at Jamle­wani and since then, she they were staying
together. On 04.04.2022, the accused had informed the complainant
that Victim had given a birth to a boy. Being minor, the Police took
action and crime was registered against the accused and he was
arrested on 05.04.2022 and since then, he is in judicial custody.

3.

The learned counsel Mr. S. R. Pagar appearing for the
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Cri.B.A.No.540/2022­Ex.1.

applicant/accused has argued that the applicant is innocent and has
not committed any offence. There was an affair between them, the
act was consensual. He further submits that it is not the case of any
forceful act on the part of the applicant. The applicant and Victim are
residing jointly.

Whatever relations was there between them was
established with the consent of the Victim. His further detention is
not required. He further argued that applicant and Victim being from
Adiwasi community, such type of relations are accepted in their
community. Lastly, he prayed for bail to the applicant/accused.

4.

The ld. APP Smt. Aparna Patil has strongly opposed the
application by stating that the offence is serious in nature.

If the
applicant is released on bail, there is every possibility that he may
tamper with the witnesses and would not obey the terms and
conditions.

Hence, prayed for rejection of the bail.
The investigating officer has filed reply at Exh.5 and
strongly opposed the application and prayed for rejection. The victim
appeared before the Court and filed reply at Exh.6 and she has
submitted that they are going to marry in future and and out of their
relationship, she has given
birth to a baby boy.

She prays for
releasing the applicant on bail for their future prospects.

5.

After hearing both the sides it appears that the Victim and
accused had a love affair and the parents of the Victim were aware of
the said fact. They did not oppose their relationship. The offence came
to be registered as victim was minor on the date of incident.
Considering the fact the victim is on the verge of majority and the
relationship was consensual in nature, I am inclined to release the
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Cri.B.A.No.540/2022­Ex.1.

applicant on bail with following conditions.
Order
1.

Application is hereby allowed.

2.
Applicant/ accused – Ravindra Chintaman Gangurde
shall be released on regular bail on furnishing his P.R.bond of
Rs.20,000/­ with one or more sureties in the like amount.
(a)
not to act in the manner injurious to the interest of the
prosecution.

(b)
maintain law and order and shall not pressurize the
Victim and tamper with evidence in any manner.

(c)
furnish the address of his residence, copy of Pan or
Adhar card at the time of execution of bond and shall not
change the residence without prior permission of this
Court.

3.
If the applicant/accused commit breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.

( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.

Date : 17.05.2022.
I/C
Addl. Sessions Judge­2, Nashik.