1
Cri.BailAppln.No.1338/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1338/ 2022
Sagar Madhukar Kadam
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Gangapur Police St.
Nashik. (Cr. No. 211/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Sagar Madhukar Kadam claims
bail in C.R. No. 211/2022 for the offences punishable under Sections
376(2)(k), 323 & 506
of the Indian Penal Code registered with
Gangpur Police Station, Nashik.

2.

Heard Learned Advocate Shri.Ajit Sonawane for the
applicant and learned A.P.P. Shri.Kotwal for the State. Perused the
papers of investigation. Victim is present. She is represented by
Adv.Mrs.Vidhya Chavan.

3.

It is the case of the prosecution that the applicant induced
victim on false promise to give promotion and had forceful sexual
relation with her/rape, threatened and beat up her.

4.

On perusal of record, it reveals that the informant is 28
years old major and matured lady. She has mentioned in the report
that she is doing a job in KFC Restaurant since 3 years. She is
married lady. Report reflects that the alleged incident occurred on
12.10.2022. But then report came to lodged on 22.10.2022. It appears
that the victim herself as carried the applicant on her two wheeler.

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Cri.BailAppln.No.1338/22­Ex.1
She never resisted the alleged act of the applicant. The ld. Advocate
for the applicant has produced some documents on record which
reflects that the informant is already promoted on 31.10.2021. The
informant has also sent messages on WhatsApp to the HR department
of KFC Restaurant that the applicant has taken her to the lodge. It it
the contention of ld. Adv for the applicant that the conduct of
informant clearly reflects that she intend to defame applicant. Overall
nature of allegations in the report found to be in cloud.

5.

Howsoever it may be, record reflect that applicant came to
be arrested on 23.10.2022. Now, there is no any recovery or discovery
as such remain from the applicant. Physical custody of the applicant is
thus no more required for investigation. According to ld. Advocate for
the applicant, the applicant has no criminal antecedents and he is
local resident. He 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 Sagar Madhukar Kadam
arrested in C.R. No. 211/2022 for the offences
punishable under Sections 376(2)(k), 323 & 506
of Indian Penal Code registered with Gangpur
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.

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Cri.BailAppln.No.1338/22­Ex.1
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 : 03.11.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.10
11:08:00 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.