Order below Exh.1 in Cri. Bail Application No.1173/ 2022
Ritik Nandu Dhayade .. Applicant Accused.
Vs.
The State of Maharashtra through PI Gangapur Police St. .. Respondent. Nashik. (Cr. No. I 128/2022)
Order below Exh. 1
1.The applicant/accused Ritik Nandu Dhayade claims bail in C.R. No. I128/2022 for the offences punishable under Sections 363, 366, 376(1), 376(2)(j)(n) of the Indian Penal Code and under Sections 4, 6 & 8 of the POCSO Act registered with Gangapur Police Station, Nashik.
2.Heard Learned Advocate Shri A.S.Deshmane, 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 induced the minor victim, kidnapped her and then, had sexual relations with her without her valid consent.
4.On perusal of record, it reveals that missing report was lodged by the brother of victim that his sister left the house to attend her college but she did not return and hence they searched for her in the vicinity but she was not found. Incident occurred on 15.06.2022 whereas report is lodged on 16.06.2022.
Victim was found in the custody of applicant accused. Learned Advocate for the applicant submitted that both were engaged in loveaffair and thereby they eloped with each other. Learned Advocate for applicant has produced photographs and Whatsapp chat between applicant and minor victim. There is no any prima facie age proof of the victim produced on record. There are no allegations that applicant acted violently against the minor victim.
5.Howsoever it may be, it reveals from record that applicant came to be arrested on 16.09.2022. 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 22 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 Ritik Nandu Dhayade arrested in C.R. No. I128/2022 for the offences punishable under Section 363, 366, 376(1), 376(2)(j)(n) of the I.P.C. and under Sections 4, 6 & 8 of the POCSO Act registered with Gangapur Police Station, Nashik 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 16:33:50 – 0600
Nashik. (Aditee U. Kadam) Date : 28.09.2022. Additional Sessions Judge2, Nashik.