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Order Below Exh.1 in Cri.B.A.No.660/2022
CNR NO.MHNS010025542022
Sagar Kashinath Bendkoli Vs. State.
Heard : Ld. Adv. Mr. G. L. Bodke for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
I. O. present.
1.

This is an application under Section 439 of the Code of
Criminal Procedure in Crime No. 56/2022 registered at Police Station,
Harsul, Dist. Nashik for the offence punishable under Sections 354 &
506 of the Indian Penal Code, 1860 and Section 12 of the Protection of
Children from Sexual Offences Act. It is the case of prosecution in brief
that when the 17 year­old victim had gone to attend a function, the
accused gagged her, brought her close to him and threatened her from
disclosing about the incident to anybody.
2.

Ld. Adv. for the applicant has submitted that neither
the name of the applicant features in the FIR, nor is any role assigned
to him. He has been wrongly put behind bars. He had received a call
from the police station and he innocently and in good faith went to the
police station. However, he came to be arrested there. There is not an
iota of allegation against him. In fact, the accused whose name is
mentioned in the FIR and against whom there are specific allegations
therein, has been granted anticipatory bail.
3.

Per contra, Ld. A.P.P. has opposed the bail application on the
ground that investigation is in progress and charge­sheet is yet to be
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filed. If the applicant is released on bail, there are chances of his
tampering with prosecution witnesses.
4.

Perusal of case diary as well as query made to the I. O. does
not reveal any case against the applicant. Considering the same, it
would not be appropriate for him to remain behind bars. In view of
the foregoing discussion, I am inclined to allow the application subject
to the following terms and conditions.
ORDER
1]
The application is hereby allowed.

2]
Applicant Sagar Kashinath Bendkoli be released on bail by
executing P.B. & S.B. of ₹15,000/­ with one local surety 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.

MRIDULA
BHATIA
Nashik
04/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.04
11:31:10
+0530
Mridula Bhatia
District Judge­2 and
Addl. Sessions Judge Nashik.