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Order Below Exh.1 in Cri.B.A.No.676/2022
( CNR NO.MHNS010026822022 )
Sagar Nivrutti Shejwal and another Vs. State.
Heard : Ld. Adv. Mr. A. S. Mahajan for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the State.
I. O. present.
Perused the say of the complainant.
1.

This is an application under section 439 of the Code of
Criminal Procedure in Crime No.140/2022 registered at Police Station,
Sinnar, Nashik for the offence punishable under Sections 363, 366,
366­A, 376(2)(J)(N), r. w. Sec. 34 of the Indian Penal Code, 1860,
Sections 4, 8 & 12 of the Protection of Children from Sexual Offences
Act and Prohibition of Child Marriage Act, 2006. It is the case of
prosecution in brief that accused No. 1 committed sexual intercourse
with the minor victim aged 17.3 months and married her and that
accused No. 2 and 3 (applicants herein) aided him.
2.

Ld. Adv. for the applicants has submitted that the only alleged
role of the applicants is that they aided the marriage of the accused No.
1 and the victim. They are not the prime accused. There was a love­
affair between the so­called victim and the accused No. 1. He has filed
photographs of their wedding on record to show that the entire
relationship and ceremony was consensual. No purpose will be served
by keeping the applicants behind bars. Applicants are in their twenties
and are ready to abide by the terms and conditions imposed by the
Court.

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3.

Per contra, Ld. A.P.P. has opposed the bail application on the
ground that there is prima­facie case against the applicants. If the
applicants are released on bail, there are chances of their tampering
with prosecution witnesses. They had signed the wedding papers as
witnesses and had also arranged for a place for accused No. 1 and the
victim to stay.
4.

Applicants are not the prime accused. Their only role pertains
to aiding the marriage of the victim and accused No. 1 and helping
them stay together. Applicants are in their twenties. Considering the
same and considering the peculiar facts and circumstances of the case,
no purpose will be served by keeping them behind bars. In view of the
foregoing discussion, I am inclined to allow the application subject to
the following terms and conditions.
ORDER
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The application is hereby allowed.
Applicants (Sagar Nivrutti Shejwal & Ankit Chandrakant
Patil), be released on bail by executing P.R. and S.B. of
₹15,000/­ with one local surety of like amount.
Applicants 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.
Applicants shall not commit any offence.
Applicants are duty bound to inform the I.O. and the court about
her change of address, if any.
Applicants shall furnish residence and ID proof of two blood
Digitally signed
relatives to the I. O.
by MRIDULA
MRIDULA
BHATIA
Nashik
04/06/2022
BHATIA
Date:
2022.06.04
16:30:10 +0530
Mridula Bhatia
District Judge­2 and
Addl. Sessions Judge Nashik.