1 Cri.B.A.No.1086/22OrderEx.4.
Order below Exh.1 in Bail Application No. 1086/2022
Rohan @ Lalyanana Rajaram Ramraje .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Sinnar Police Station, Sinnar,
(Cr. No.I 236/2022) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in the event of his arrest in the aforesaid Crime registered at Sinnar Police Station, Sinnar for the offence punishable under section 143, 147, 148, 149, 354, 354A, 324, 323, 427, 504, 506 of the Indian Penal Code u/s. 8 & 12 of the POCSO Act and accordingly interim protection was granted to applicants on 05.09.2022.
2.Heard Learned Advocate Shri Y.R.Wagh, for the applicants and learned A.P.P. Smt. Sangale for the State and learned Advocate Shri Gangawane for informant. Informant is also present before Court. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant is one of the accused who assaulted the informant party and during the occurrence, outraged the modesty of minor victim.
3.On perusal of record, it reveals that the incident occurred on 24.08.2022. But the report came to be lodged on 30.08.2022. Both parties have lodged counter cases against each other. Prima facie allegations in the report reflects that there was quarrel between the parties on the basis of landed property of the house and ownership thereof. As such, false implication cannot be ruled out. On these amongst grounds, interim bail was granted to applicant. Say is filed by the IO and certain objections are raised.
In respect of the offence of outraging modesty law is settled as follows “In regard to the allegations of assault or criminal force with intent to outrage her modesty and intimidation as envisaged under Secs. 354A, 504 and 506 read with Sec. 34 of IPC, custodial interrogation of the applicant is not necessary for the sake of investigation. ”
4.The ld. Advocate for the Applicant submitted that the applicant has no criminal antecedents except the above mentioned report lodged by the same informant. He is local resident and ready to abide any conditions on grant of interim relief. Therefore, considering all these aspects, this Court is of the view that interim relief granted to applicant can be confirmed. Hence the order.
:: O R D E R ::
1] The application (Exh.1) is allowed.
2] The interim protection granted to applicants on 05.09.2022 stands confirmed subject to same terms and conditions.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.13 17:08:11 – 0600 Nashik. (Aditee U. Kadam) Date : 12.09.2022. Additional Sessions Judge2, Nashik.