1
Cri.Bail Application No.1253/2020
Samsun Ashok Jagtap@Andya
V/s.
State of Maharashtra
.. Applicant
.. Respondent
Order below Exh.1
1.

The applicant has filed this application for bail under
Section 439 of Cr. P.C. The applicant is prosecuted for the offence
punishable u/s 354. 354(d) r.w. 34 of Indian Penal Code and u/s. 4 & 8
of POCSO Act vide C.R. No.I­375/2019 registered at Gangapur Police
Station, Dist. Nashik.

2.

It is the case of the prosecution that :
The accused no.1 Akash @ Akya Manoj Gunjal alongwith
the accused no.2 the applicant herein used to stalk the victim girl aged
around 16 years. On 02.11.2019 at around 8.00 p.m. when the victim
girl was coming to her house after purchasing vegetables, both the
accused accosted her. The accused no.1 touched her breast and pulled
her towards him. Thereafter, when the victim girl shouted, the
accused no.2 pushed her from behind. Thereafter, on the report of the
informant, the aforesaid offence was registered.

3.

The Learned advocate appearing for the applicant
submitted that the main allegation is against accused no.1, who pulled
the victim girl and touched her breast. The only allegation against the
present applicant is that on 02.11.2019, at the time of the incident, the
present applicant pushed the girl. The Ld. Advocate further submitted
that only because the present applicant is the friend of accused no.1,
2
he has been falsely implicated. The Ld. Advocate further submitted
that the accused no.1 has already been released on bail and even
charge­sheet has been filed against him. The Ld. Advocate further
submitted that the present applicant does not have any antecedents
and is permanent resident of Nashik. The Ld. Advocate accordingly
submitted that the applicant be released on bail.

4.

The Ld. A.P.P. submitted that the offence is serious in
nature. The Ld. APP further submitted that the victim girl and the
accused are residents of same vicinity. The Ld. APP further submitted
that, if the present applicant is released on bail, he may tamper with
the witnesses. The learned APP accordingly, prayed for the rejection
of the application.
5.

In view of the facts mentioned in the application, following
points arise for my determination and I have recorded my findings
thereon for the reasons stated below :
POINTS
FINDINGS
(1)
Whether the applicant is entitled for bail ?

..

Yes
(2)
What order ?

.. As per final
order.
REASONS
6.

I have perused the documents. Heard the Ld. Advocates
appearing for the parties.
7.

It is settled principle that while considering application for
bail, court need not conduct preliminary trial of the case or consider
probability of the guilt or innocence of the accused. While considering
the application for bail, the court has to keep in mind the nature of the
3
accusations, the nature of the evidence in support thereof, severity of
the punishment which conviction will entail, the character and
standing of the accused, reasonable possibility of securing the
presence of the accused at the trial, reasonable apprehension of the
witnesses being tampered with and the larger interest of the public
and State.
8.

Perusal of the documents including the report dated
02.11.2019 by the informant being the victim girl, shows that, the
allegation against the present applicant is that he accompanied
accused no.1 and at the time of incident on 02.11.2019, he pushed the
victim girl from behind. The accused no.1 has already been released
on bail. Considering the nature of the offence and the role assigned to
the present applicant, in my opinion, the applicant can be released on
bail. Accordingly, I pass the following order :
ORDER
(a)
The application is allowed.

(b)
The applicant be enlarged on bail on his furnishing P.R. &
S.B. of Rs.15,000/­ with one or two surety of like amount.
(c)
The applicant should furnish two documents about his
identity proof and two documents in respect of identity proof of his
relatives.
(d)
The applicant shall attend concerned Police Station on
every First & Third Sunday in between 10.00 a.m. to 11.00 a.m. till
filing of charge­sheet against him.
(e)
Bail in concerned Court.

Place : Nashik.
Date : 01­10­2020.

Santoshkumar
Tribhuandutt
Pandey
Digitally signed by
Santoshkumar
Tribhuandutt Pandey
Date: 2020.10.01
14:14:44 +0530
(S.T. Pandey)
Additional Sessions Judge­4,
Nashik.