Order Below Exh.1 in Cri. B. Appln. No. 536/2022
(CNR No. MHNS010021372022)
Samadhan Ganpat Gaikwad Vs. State.
Heard:
Ld. Adv. Mr. R.D. Avhad for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
Perused the say of the complainant/victim.

1.

This is an application under Section 439 of the Code
of Criminal Procedure, 1973 in Crime No.146/2022 registered at
Police Station, Sinnar, Dist.Nashik, for the offence punishable
under Sections 376(2)(N), 323, 506 of the Indian Penal Code,
1860 (hereinafter referred to as IPC) It is the case of prosecution in
brief that the accused/applicant was a live­in partner of the victim
and committed sexual intercourse with her on the promise of
marriage. However, later, he refused to marry her.
2.

Ld. Adv. for the applicant has submitted that the
victim is 31 years old and was separated from her husband. She
had a daughter who was also residing with her and the applicant.
She has filed a false complaint because the applicant’s family
members wanted him to marry someone else. The relationship was
consensual. Material part of the investigation is over and charge­
sheet is about to be filed. 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.
The applicant has cheated the victim and has adopted the policy of
‘use and throw’ vis­a­vis the victim. If the applicant is released on
bail, there are chances of his tampering with prosecution
witnesses.

4.

Material part of the investigation is over and charge­
sheet is about to be filed. Applicant is ready to abide by the terms
and conditions imposed by the Court. In view thereof and in the
backdrop of the peculiar facts and circumstances of the case, I am
inclined to allow the application subject to the following terms and
conditions :­
ORDER
1]
The application is hereby allowed.

2]
Applicant Samadhan Ganpat Gaikwad be released on bail
by executing P.R. and S.B. of ₹30,000/­ with one or two
local solvent 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.
(Order is dictated & pronounced in open Court).
MRIDULA
BHATIA
Nashik.
24/05/2022.

Digitally signed by
MRIDULA BHATIA
Date: 2022.05.24
17:49:57 +0530
Mridula Bhatia
District Judge­2 and
Additional Sessions Judge,
Nashik.