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Cri.BailAppln.No.955/22Ex.1
Order below Exh.1 in Cri. Bail Application No.955/ 2022
Sadik Hanif Shaikh
.. Applicants
Accused.
Vs.
The State of Maharashtra
through PI Bhadrakali Police St.
Nashik. (Cr. No. I 207/2022)
.. Respondent.
Order below Exh. 1
1.
The applicant/accused Sadik Hanif Shaikh claims bail
in C.R. No. I207/2022 for the offences punishable under Sections 354,
354D(1), 341, 504, 506 of the Indian Penal Code and under Sections
12 of the POCSO Act registered with Bhadrakali Police Station,
Nashik.
2.
Heard Learned Advocate Shri F.A.Inamdar, for the
applicant and learned A.P.P. Smt. Jadhav for the State.
The
informant is also present before the Court and filed her say at Exh.4.
Perused the papers of investigation.
3.
It is the case of the prosecution that applicant has
outraged the modesty of minor victim and also abused and threatened
her.
4.
On perusal of record, it reveals that the incident occurred
on 10.11.2021 at about 09.30 am. But then, report came to be lodged
on 25.07.2022.
It is mentioned in the report that the incident was
going on since long. Delay in lodging report is not explained. Victim
is 16 years old.
It is the contention of the learned Advocate for
applicant that victim and applicant were engaged in loveaffair.
The
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Cri.BailAppln.No.955/22Ex.1
applicant has not acted violently against the minor victim.
5.
Howsoever it may be, it reveals from record, applicant
came to be arrested on 30.07.2022. There is no any recovery or
discovery as such remained from the applicant.
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.”
6.
According to ld. Advocate for the applicant, the applicant
has no criminal antecedent. 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 applicants can be released on bail by
imposing certain conditions. Hence the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantsAccused Sadik Hanif Shaikh
arrested in C.R. No. I207/2022 for the offences
punishable under Section 354, 354D(1), 341,
504, 506 of the I.P.C. and under Sections 12 of
the POCSO Act registered with Bhadrakali
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 :
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Cri.BailAppln.No.955/22Ex.1
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 : 05.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.06
10:42:57 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.BailAppln.No.955/22Ex.1