1
Cri.B.A.No.734/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 734/2022
Samadhan Nathu Waksare
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Trimbakeshwar Police Station, Trimbak.
(Cr. No.I 107/2022)
..
Prosecution
Order below Exh.4.

1.

This application has been filed by the applicant/accused
under section 438 of Cr.P.C. for releasing him on anticipatory bail
in the event of his arrest in the aforesaid Crime registered at
Trimbakeshwar Police Station, for the offence punishable under
section 354, 354­A, 394, 504, 506 r/w. 34 of the Indian Penal Code and
prayed for interim protection.
2.

Heard Learned Advocate Shri G.L.Bodke for the applicant
and learned A.P.P. Smt. Jadhav for the State. Perused the papers of
investigation.
3.

It is the case of the prosecution that the applicant
assaulted, abused the informant and her husband and also outraged
the modesty of informant.

There are further allegations against
unknown persons that they have also assaulted them.

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4.

Cri.B.A.No.734/22­Order­Ex.1.

On perusal of record, it reveals that the report is lodged on
06.06.2022.

The applicant has produced copy of complaint of the
same date which is lodged at Nashik Gramin Police Station of the
same incident but the said complaint is against 3 to 4 unknown
persons. Thus, there is a complaint and cross complaint. Allegedly,
applicant sustained injuries during the occurrence. He has produced
treatment papers on record. Considering all the documents on record,
prima facie allegations in the report are found to be in cloud.

5.

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.

The ld. Advocate for the Applicant submitted that the
applicant is a reputed person. He is a businessman and social worker.
He is still undergoing treatment. He is a local resident and is ready to
abide any conditions. Therefore, considering all these aspects, this
Court is of the view that interim relief can be granted to the applicant.
Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.

2]
In the event of arrest of the applicant Samadhan
Nathu Waksare in Crime No.I­107/2022 of
Trimbakeshwar Police Station for the offences
punishable under sections 354, 354­A, 394, 504
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Cri.B.A.No.734/22­Order­Ex.1.

and 506 r/w. 34 of IPC, he be released on ad­
interim anticipatory bail in sum of Rs.15,000/­
(Rupees Fifteen Thousand only) with a surety in
the like amount subject to conditions that :­
a] That the applicant shall make himself available
for interrogation by the Investigation Officer as
and when required under written intimation.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.
5]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 23.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.24
10:41:57 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.