Order Below Exh.1 in Cri.B.A.No.438/2022 CNR NO.MHNS010015852022
Rohit Rajendra Barde Vs. State.
Heard : Ld. Adv. Mr. M. A. S. Amiruddin for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.118/2022 registered at Police Station, Sinnar, Dist. Nashik for the offence punishable under Sections 354,
323 & 504 of the Indian Penal Code, 1860 and Section 8 & 12 of the Protection of Children from Sexual Offences Act. It is the case of prosecution in brief that when the 14.5 yearold victim was sleeping,
the 19 yearold applicant woke her up from the sleep, held her hand, hugged her and told her that he really likes her and that she should accompany him.
2. Ld. Adv. for the applicant has submitted that the FIR is false and has been filed due to family disputes interse. Applicant is ready to abide by the terms and conditions imposed by the Court.
3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is primafacie case against the applicant. If the applicant is released on bail, there are chances of his tampering with
prosecution witnesses.
4. Applicant is only 19 years old. Considering the same and considering the peculiar facts and circumstances of the case, no purpose will be served by keeping him behind bars. In view thereof, I
am inclined to allow the application subject to the following terms and conditions.
ORDER
1] The application is hereby allowed.
2] Applicant Rohit Rajendra Barde be released on bail by executing P.R. and S.B. of ₹30,000/ with one or two local sureties of like amount.
3] Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts
to the Court or to the police officer and shall not tamper with the prosecution evidence in any manner.
4] Applicant shall not commit any offence.
5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.
6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.
7] Applicant shall attend all dates of hearing after the filing of chargesheet.
8] Applicant shall not contact the victim in any manner.
Nashik 06/04/2022 Digitally signed by MRIDULA MRIDULA BHATIA Date: BHATIA
2022.04.06 11:43:47 +0530 Mridula Bhatia District Judge2 and Addl.Sessions Judge Nashik.