1
Cri.BailAppln.No.1320/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1320/ 2022
Sandeep Kashinath Bhalerao
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Sinnar Police St.
Nashik. (Cr. No. 452/2022)
.. Respondent.

Order below Exh. 1
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 Sinnar Police Station, for the offence
punishable under section 376(2)(n), 323, 506 of the Indian Penal
Code and prayed for interim protection.
2.

It is the case of the prosecution that the applicant
induced the informant by saying that he would maintain her
lifelong and also would perform marriage with her and thereby
sexually exploited her.

3.

On perusal of record, it reveal that report came to be
lodged on 19.10.2022. In the report itself, it is mentioned that
the informant and applicant were engaged in love­affair and also
indulged in physical relationships since November 2021.

There
are allegations that applicant has taken substantial amount to
2
Cri.BailAppln.No.1320/22­Ex.1
the tune of Rs.8 to 10 lacs from the informant and also
threatened her to kill.
her obscene videos.

He has further threatened her to viral
It is pertinent to note that the alleged
incident as stated by the informant is of 13.10.2022.

Learned
advocate for the applicant produced photographs with the date of
the same time when applicant had been to Mumbai on the
occasion of 75th birthday of Chagan Bhujbal at Kshanmukha
Nand Hall, Matunga.

Copy of bank statement produced on
record reflects that the informant used to take amount from
applicant when she was in need and vise versa.

The said
statement also reflects that applicant issued amount of
Rs.80,000/­, Rs.70,000/­ to her on 12.10.2022 and 19.10.2022.

4.

Further, copy of Whats­App chat between applicant
and informant produced on record, reflects that informant was
well aware of the marital status of the applicant.

Overall, it
appears from prima facie record that the relations between
applicant and informant was consensual one.

It is well settled
legal preposition that every breach of promise would not attract
the offence of rape.
persons.
years old.

Applicant and informant both are major
Age of the informant is mentioned in the report as 44
She has specifically mentioned that her both
daughters are married one. She is a widow and is doing job. In
such circumstances, prima facie, long relationship between her
and applicant cannot be said to be based on promise or threat.

3
Cri.BailAppln.No.1320/22­Ex.1
On these amongst ground interim bail was granted to the
applicant. Now say is filed by the I.O. He has mentioned that the
applicant did not co­operate the investigation. In this regard ld.
Advocate for the applicant produced some document i.e. copy of
notice dated 31.10.2022 given to the Senior Inspector of Police,
Sinnar. He has also given copies of documents relevant for
investigation. Ld.Advocate for the applicant pointed out that
there is no investigation to that effect. Some other documents
produced on record reflects that the informant is sending
messages to the applicant to the tune of threat. Those messages
are of 28.10.2022 and 29.10.2022. Prima facie it appears that the
informant is applying pressurize tactic.

5.

Howsoever, it may be considering the nature of
accusation and investigation thereof it reveals that physical
custody of the applicant would not be required. Learned
Advocate for applicant submitted that applicant has no criminal
antecedents. He is a local resident.
conditions on grant of bail.

He is ready to abide
Therefore, considering all these
aspects, this Court is of the view that interim relief granted to
the applicant can be confirmed. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.

4
2]
Cri.BailAppln.No.1320/22­Ex.1
In the event of arrest of the applicant – Sandeep
Kashinath Bhalerao in Crime No.I­452/2020 of
Sinnar Police Station for the offences punishable
under sections 376(2)(n), 323, 506 of IPC, he be
released on 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.

3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 03.11.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.10
11:07:39 0600
(Aditee U. Kadam)
Additional Sessions Judge,
Nashik.